No Fault Divorce

[tamborine]

https://www.google.co.uk/amp/s/amp.ft.com/content/af0d2db0-5a9d-11e9-9dde-7aedca0a081a

Does this share assets equally or would Courts decide the division?

[hc4361]

Division of assets is a totally separate matter and is not affected by these changes.

[dannyk13]

Suppose it would depend on whether they both agree to an even split.For example if the house was owned by one partner I think it would be contested.

[woofgang]

As I understand it, courts only get involved in the asset split if the couple cannot agree. Its usual to use a solicitor to make the agreement legally binding, but it can remain a matter for agreement between the parties.

[Prudie]

I agree with hc. Who gets what has nothing to do with whose fault it was and never did.

[Zacs-Master]

So what happens if both parties agree to a no-fault divorce but it then becomes acrimonious regarding the split of assets?

[woofgang]

same as now, divorce goes ahead, court determines asset division

[woofgang]

oh and that is the point of no fault.....both parties don't have to agree....it can be unilateral now.

[Peter Pedant]

oo er Mrs this is a bit early for the fine detail

are you er booking an early slot?

somehow I feel that the later clauses in the Bill will NOT read

Financial provision
cl. 102 - each party will take what they want - the courts cant be doing with this sort of stuff

[Alonelywriter]

offcourse

[EDDIE51]

You have to decide between yourselves who gets what. Once agreed the court just legally confirms what you have agreed !

[naomi24]

Eddie, if couples can’t agree on ‘the spoils’ the courts will step in – as they have always done. That hasn’t changed. This is simply about no blame divorce.

[maggiebee]

In Scotland we have had no fault divorce for many years. My husband and I legally separated in 1994 and everything was settled at that time using our Solicitors. Two years and one day later the divorce was finalised at very little cost - no need to go to court. Of course it may be very different in England.

[ummmm]

Maggie...it depends on the assets.

[naomi24]

Ummmm, Separating couples are at liberty to divide assets by mutual agreement - but when that happens the courts still ensure that any children are cared for.

[maggiebee]

Agree ummm - under Scots law the marital home was valued and split 50/50 as were the contents. It was agreed each of us would keep our own works pensions and personal savings. Joint savings were also split 50/50. Our children were in their 20s and independent by this time as we had been married for 30 years so didn't figure. Guess with small children it might be different.

[ummmm]

I know, Naomi, but sometimes couples don't agree. If say a wife was a stay at home mother and then the husband tried to deny her her share, or vice versa, it can get nasty.

[naomi24]

Ummmm, indeed, but that's a different situation entirely.

[ummmm]

Yes...I agree with no fault divorce but usually there is a fault.

[naomi24]

Some people just become tired of one another. What began as a good idea sometimes turns out not to be.

[ummmm]

It's horrible if you share a house, bank account etc, who owns what?

End up arguing about small thing.