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No Fault Divorce for an abusive marriage?

4 replies

LavenderFieldds · 11/03/2026 12:55

I am about to divorce DH. Emotionally, verbally and financially abusive marriage. 2 DCs, 4 and 8. No assets for either of us, we are on UC. He earns approx £10k, I work 8 hours a week, earn approx 5k. Live in a house owned by my mum, she also resides there. I want to divorce him the quickest and easiest way possible but need to be mindful of custody. I don’t know what his intentions will be re custody but unlikely he will push for 50/50 as he will struggle to provide appropriate accommodation, at least initially. Can I go the no fault route, or would it be better to record the abuse?

OP posts:
Midlandsmum23 · 11/03/2026 13:03

Where do you live? If you are in England or Wales, all divorces these days are no-fault divorces by default. Since 2022, there is no longer a mechanism whereby fault can be attributed.

Sprogonthetyne · 11/03/2026 13:06

As the abuse was towards you, not the children, it will have very little affect on any court ordered custody arrangements. (Totally disagree with this, but it's the way it goes).

Personally I'd go down the no fault route if it means you can be free sooner, but also seek suport from your health visitor or woman's aid, as then it's still on record and they might be able to signpost you to any help you qualify for.

LavenderFieldds · 11/03/2026 13:07

Midlandsmum23 · 11/03/2026 13:03

Where do you live? If you are in England or Wales, all divorces these days are no-fault divorces by default. Since 2022, there is no longer a mechanism whereby fault can be attributed.

Oh, that’s useful! Thank you! I’m in Wales. That makes things easier.

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