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"No Fault" Divorce


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I'd heard the term 'no fault' but didn't know what it meant.

Story on the BBC today about divorces being up 20% year on year:

https://www.bbc.co.uk/news/world-asia-china-54972762

But the interesting bit was this:

Quote

At the moment, in order to divorce, either one spouse has to allege adultery, unreasonable behavior or desertion by the other or else the couple have to wait until they have been separated for five years.

 

This is expected to change with the introduction of the "no-fault" divorce next autumn, after which they will only have to state that the marriage has broken down irretrievably.

So if that's correct, it might be quite difficult to get a divorce right away unless there's been obvious 'unreasonable behavior', or has the definition of what constitutes 'unreasonable behavior' been growing over time?

Either way with 'no fault' coming in next autumn, presumably making divorce easier after an extended lockdown; seems like a good time to invest in the divorce industry if one can do such a thing.

Edited by JoeDavola
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During my divorce my ex-wife had to dream up some unreasonable behaviour. It was petty stuff he never puts the cap back on the toothpaste, and not only that I could show reasonable argument why it was

The best and longest lasting marriages I have seen are where each is fulfilling the standard gender role. These roles are there for a reason: they make the marriage bargain attractive for both sp

Top of my ex-wife's list of my unreasonabe behaviour was ... "He refuses to maximise his earning potential" I'll get that translated into Latin one day as my personal motto!

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7 minutes ago, Funn3r said:

During my divorce my ex-wife had to dream up some unreasonable behaviour. It was petty stuff he never puts the cap back on the toothpaste, and not only that I could show reasonable argument why it wasn't even true. My solicitor said just agree to it. Everyone knows it's bullshit but there's no downside, it's not like the unreasonableness of your behaviour affects the financial outcome. The court can only allow the divorce on certain grounds so this ticks the box for them. 

I'm guessing no-fault divorce has arrived because everyone was tired of playing the unreasonable behaviour charade.

I recall in the old days you would have to book a hotel room, and leave a pair of gents and ladies shoes outside for the shoeshine boy.

That was taken as evidence of adultery and the divorce could then go ahead.

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1 minute ago, stokiescum said:

Only if there’s enough cash

 

13 minutes ago, JoeDavola said:

Each one resulting in an additional buyer in the market.

The unfortunate but all too frequent reality is that the ex wife will stay in the marital home while her former spouse looks to rent a bedsit. Good news for BTL landlords.

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18 minutes ago, Wight Flight said:

I recall in the old days you would have to book a hotel room, and leave a pair of gents and ladies shoes outside for the shoeshine boy.

That was taken as evidence of adultery and the divorce could then go ahead.

These days the shoeshine boy would deliver a bag of coke then join in for a threesome.

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20 minutes ago, Wight Flight said:

I recall in the old days you would have to book a hotel room, and leave a pair of gents and ladies shoes outside for the shoeshine boy.

That was taken as evidence of adultery and the divorce could then go ahead.

I would have thought two pairs of gents shoes would be more convincing 

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The percentage of divorces is going up but I wonder if the numbers are.  Women blatantly marry for resources and the allure of sticking up two fingers to her friends with social media wedding photos.  Women with wedding bells fever all target the same type of man; guy with good job and resources.

But those men are becoming less willing to marry.  Even the biggest blue piller must have doubts.

I wonder how many small, private marriages in registration offices there are.  Those who want marriage most seem to be women, and the biggest attraction of the wedding day appears to be status-whoring.  A private thing in the reg office would defeat the point.

Same type of women who go on holiday and head straight home as soon as there are pics to annoy her friends who she secretly hates on the memory stick.

Edited by ElKapitan84
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1 hour ago, Funn3r said:

During my divorce my ex-wife had to dream up some unreasonable behaviour. It was petty stuff he never puts the cap back on the toothpaste, and not only that I could show reasonable argument why it wasn't even true. My solicitor said just agree to it. Everyone knows it's bullshit but there's no downside, it's not like the unreasonableness of your behaviour affects the financial outcome. The court can only allow the divorce on certain grounds so this ticks the box for them. 

I'm guessing no-fault divorce has arrived because everyone was tired of playing the unreasonable behaviour charade.

Same here, can't remember all of them but certainly included not doing the washing up.

But as you point out I think in the UK there is no penalty element in a divorce, so it doesn't actually have any impact on settlements etc. Doesn't mean you won't get ripped off but it won't be because of who's fault it is.

The only issue is that you can refuse to agree to a divorce, so those reasons would be tested in court in that instance and I suspect they would take a dim view of piss poor reasons.

It's also really difficult to prove adultery, short of having a kid and DNA test.

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3 hours ago, JoeDavola said:

I'd heard the term 'no fault' but didn't know what it meant.

Story on the BBC today about divorces being up 20% year on year:

https://www.bbc.co.uk/news/world-asia-china-54972762

But the interesting bit was this:

So if that's correct, it might be quite difficult to get a divorce right away unless there's been obvious 'unreasonable behavior', or has the definition of what constitutes 'unreasonable behavior' been growing over time?

Either way with 'no fault' coming in next autumn, presumably making divorce easier after an extended lockdown; seems like a good time to invest in the divorce industry if one can do such a thing.

We’ve had them here in Canada for ages. Basically just need to be separated for a year and then either party to kick off the actual divorce proceedings without the need to show anything more than that. I don’t think it makes a ton of difference to the actual rate of divorce, but I don’t hear about people jumping through hoops to get it done.

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Makes marriage completely pointless when you can easily divorce, though equally you don't want either side stuck in a shit marriage.

As a man marrying you get all the potential drawbacks (expensive wedding, stuck with nasty wife, divorce rape) but -  genuine question - what advantage could there possibly be in marrying? 

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10 minutes ago, AlfredTheLittle said:

Makes marriage completely pointless when you can easily divorce, though equally you don't want either side stuck in a shit marriage.

As a man marrying you get all the potential drawbacks (expensive wedding, stuck with nasty wife, divorce rape) but -  genuine question - what advantage could there possibly be in marrying? 

None whatsoever. Says a woman.  

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6 minutes ago, AlfredTheLittle said:

Makes marriage completely pointless when you can easily divorce, though equally you don't want either side stuck in a shit marriage.

As a man marrying you get all the potential drawbacks (expensive wedding, stuck with nasty wife, divorce rape) but -  genuine question - what advantage could there possibly be in marrying? 

stability, I've had a few arguments with my wife, and we've had some difficult times, not necessarily with each other, but strains that may have broken a more casual relationship.

Perhaps I'm old fashioned, and a common law partnership can be just as robust.

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2 minutes ago, snaga said:

stability, I've had a few arguments with my wife, and we've had some difficult times, not necessarily with each other, but strains that may have broken a more casual relationship.

Perhaps I'm old fashioned, and a common law partnership can be just as robust.

Interesting to see data on how long divorce kicks in.

Pure guess ...a big spike in the first 5 ish years. Just too different. Not gonna work.

A smaller spike after first child.

A later spike when kids are ready to flee the coop.

All assuming kids...so the stability factor possibly at play.

 

 

 

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42 minutes ago, AlfredTheLittle said:

Makes marriage completely pointless when you can easily divorce, though equally you don't want either side stuck in a shit marriage.

As a man marrying you get all the potential drawbacks (expensive wedding, stuck with nasty wife, divorce rape) but -  genuine question - what advantage could there possibly be in marrying? 

For me it was the discovery that my wife's parents had more rights to my son than I did.

Oh, and the tax breaks.

Romantic? Hell no.

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1 hour ago, snaga said:

stability, I've had a few arguments with my wife, and we've had some difficult times, not necessarily with each other, but strains that may have broken a more casual relationship.

Perhaps I'm old fashioned, and a common law partnership can be just as robust.

Stability used to be the point, but the easier and more common divorce gets the less stability marriage gives you, meaning there's less point marrying and so on....

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10 hours ago, JoeDavola said:

I'd heard the term 'no fault' but didn't know what it meant.

Story on the BBC today about divorces being up 20% year on year:

https://www.bbc.co.uk/news/world-asia-china-54972762

But the interesting bit was this:

So if that's correct, it might be quite difficult to get a divorce right away unless there's been obvious 'unreasonable behavior', or has the definition of what constitutes 'unreasonable behavior' been growing over time?

Either way with 'no fault' coming in next autumn, presumably making divorce easier after an extended lockdown; seems like a good time to invest in the divorce industry if one can do such a thing.

I know from personal experience that divorce can be granted 2 years post-separation if both parties agree and there is no chance of reconciliation; the relationship has irreconcilably broken down.  Otherwise it's 5 years wait.  A move to 'no fault' divorce seems just making more money for the industry.  It seems fine as it is now.

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10 hours ago, Funn3r said:

During my divorce my ex-wife had to dream up some unreasonable behaviour. It was petty stuff he never puts the cap back on the toothpaste, and not only that I could show reasonable argument why it wasn't even true. My solicitor said just agree to it. Everyone knows it's bullshit but there's no downside, it's not like the unreasonableness of your behaviour affects the financial outcome. The court can only allow the divorce on certain grounds so this ticks the box for them. 

I'm guessing no-fault divorce has arrived because everyone was tired of playing the unreasonable behaviour charade.

When I divorced my ex-wife I used unreasonable behaviour. I listed five or six things, I do recall that one of them was I had caught her listening to a Van Halen CD. When I confronted her she confessed she planning on buying tickets to see him as well.

Still makes my blood boil nearly two decades later.

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