5 Ways No Fault Divorce Has Improved the Picture for Children

In April 2022, the landscape changed considerably for divorcing couples in the UK with the introduction of the no fault divorce law. In this article, we’re looking at the five ways no-fault divorce has improved the picture for children.

Last April, no fault divorce solicitors welcomed the new UK legislation not just for divorcing couples but also for any children involved. A divorce is never easy to go through for any couple, but it can be a particularly hard adjustment for young kids involved.

Keep reading for five ways in which no fault divorce has improved the picture for children.

What Is No Fault Divorce?

No fault divorce was a law introduced in the UK in April 2022, meaning that couples no longer need to meet one or more of the following five criteria in order to divorce:

  • Adultery
  • Unreasonable behaviour
  • Desertion
  • Separated for two years with consent
  • Separated for five years without consent

For divorcing couples in the UK, the new legislation means that gaining a divorce is now quicker, easier and cheaper as well as being a lot less stressful.

How Does No Fault Divorce Improve the Picture for Children?

There are a few ways in which the no fault divorce law will make a divorce a little easier for children and we’ll look at some of these in this section:

1.    Decreases tension between parents

Many parents worry about the impact of a divorce on children but children living in a household filled with tension and arguments can have a worst effect. Studies show that parental stress is often transferred to children, particularly when the stress is present for a long period of time. This can in some instances, lead to mental health problems in children.

The no fault divorce law allows a divorce to happen more quickly, thereby cutting down the time that the couple – and their children – have to live together in what can sometimes be an extremely toxic environment.

2.    Removes blame from the separation

While not always the case, most children tend to love both parents equally, albeit sometimes in different ways. Because of this, it can be extremely stressful for a child to not only become aware that their parents are separating but also to become aware that this is the ‘fault’ of one parent.

This will very often lead to resentment of that parent which can have far reaching consequences in later life. A no fault divorce, by its very nature, removes the need to allocate blame thereby removing this weight from the children’s’ shoulders.

3.    Reduces speculation and gossip

Many friends and family will want to know the reasons for your divorce, naturally you’re going to want to be open with them as much as possible about what has caused the relationship to breakdown. However, now that you don’t need a particular reason it means you can be vague about the reasoning behind your divorce, particularly to people who may be asking for details just for gossip.

In turn, this can mean your children are less likely to be caught up in any gossip or speculation as to why the marriage broke down.

4.    Reduces financial burden of divorce

Divorce isn’t just a messy and stressful affair – it’s an expensive business too. A long-drawn-out separation can be extremely costly and can often lead to a diminished lifestyle. For some divorced parents, this can mean having to move to a smaller property or a cheaper area and, in these circumstances, the impact on children can be huge.

Having to deal with the separation of their parents is stressful enough for a child but when this is coupled with having to move – and potentially having to start at a new school the pressure can be immense. A no fault divorce is quicker and cheaper and often means that there is minimal disruption to the family finances, meaning there is less pressure on a child’s mental health.

In addition to this, following the no fault divorce law, a lot of UK couples are choosing joint representation (i.e. using one lawyer for both parties) for their divorce. Doing this not only cuts down on the stress of the divorce but can also, quite literally, halve the cost of the divorce in terms of solicitor’s fees.

5.    Reduces time it takes to divorce

A divorce is rarely described as ‘happy’ but, when it’s as quick and inexpensive as possible and conducted without apportioning blame, it tends to be less stressful for the couple which has a considerably positive impact on their mental health.

This often means that the couple will get along better after the divorce is completed. When parents are calm and happy, the children involved will also be happier – which is usually all that most parents will wish for.

Reducing the impact of divorce on families…

With the best will in the world, a divorce is never going to be free of stress and sadness for children but the quicker it’s completed – and when tension and acrimony are kept to a minimum – the easier it is for children (and parents) to accept the situation and move forward with their lives.

Please be advised that this article is for general informational purposes only, and should not be used as a substitute for advice from a trained legal professional. Be sure to consult a lawyer/solicitor if you’re seeking advice on no fault divorce. We are not liable for risks or issues associated with using or acting upon the information on this site.


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