Q&A Marriage in January was a mistake – can I apply for no-fault quick divorce?

Q:      Everyone said I was jumping into marriage too quickly and they were right. I knew after a month it was a mistake. We had had a long-distance relationship and living together has proved we didn’t really know each other and are total opposites. I just want out as soon as possible. How do I go about getting the new ‘quickie’ no-fault divorce? I bought the house we live in. He did send me money for new furnishings etc. but the house is in my name.

A:       The first thing to say is that under the Divorce, Dissolution and Separation Act 2020 which came into force in April 2022, the rule that divorce proceedings cannot be started until a couple have been married for twelve months has not changed. Therefore, you will not be able to divorce as quickly as you hoped. Once the process begins, however, it is possible to complete it in as little as 26 weeks.

When the time comes, you can make your application for divorce either digitally or by paper. The process itself is much simpler than previously and you can make a joint application with your husband which will keep costs down. The court fee is currently £593. You could handle the entire process yourselves, however you should be aware that if the financial aspect is not settled fully at the time of your divorce you will leave yourself open to a future claim from your ex-husband who may for example decide he wants interest on the monies he sent you.

If you decide to make the wise decision of seeking advice and help from a divorce solicitor, the good news is that it may be possible you both to use the same solicitor, which is much more cost-effective. That said, you should still seek separate legal advice in respect of sorting out the finances.

This question has been answered by Alison Peters, a Partner with GHP Legal.  If you would like to speak to someone about this or any other legal matter it is still possible, and we are doing everything we can to ensure that we continue to offer our high levels of service to our clients.  Where possible, we ask that you communicate with us by phone or email. If you have a new enquiry or for an appointment visit www.ghplegal.com or contact one of our offices: Wrexham 01978 291456, Llangollen 01978 860313, Oswestry 01691 659194

Alison Peters

Alison Peters

Partner

A Partner in our Family and Matrimonial department in Oswestry