''All's Fair in Love and Divorce'' - The Legal Reality

In the UK, divorce is governed by specific laws that aim to ensure fairness and justice, even when emotions are running high. Clients will sometimes feel that the saying ‘all is fair’ when it comes to divorce proceedings may be a misnomer; however, there are boundaries and rules in place to prevent one party from taking undue advantage of the other, and these rules are meant to protect both parties and children.

Grounds for divorce in the UK

As of 2022, the UK introduced the no-fault system under the Divorce, Dissolution, and Separation Act 2020. This means that spouses no longer need to prove fault or assign blame such as adultery or unreasonable behaviour, for a divorce to be granted. Instead, one or both parties can file for divorce simply because the marriage has broken down. Such change, was introduced to reduce the conflict and animosity that often arose from the old system, where one party would have to prove the other’s misconduct. It was hoped that such a change would promote a less combative process and reduce the emotional toll on all parties, particularly children.

The role of financial settlements

Divorce proceedings often go hand in hand with the division of finances. The principle of fairness under UK law ensures that assets are divided equitably (but not necessarily equally) between the parties. A judge will look at various factors, including the length of the marriage, the financial needs of both parties, the standard of living during the marriage and the contributions both parties made (both financially and non-financially). 

The impact of children in divorce

If children are involved, the court will always prioritise their well-being above everything else. This is a key principle of family law in the UK. Judges will make decisions about where the children will live and how they will spend their time with their parents based on the best interest of the child, not the desires or whims of either parent. No matter how contentious the divorce, the focus will always be on providing stability and care for the children.

Legal advice: the fair approach 

While emotions often play a significant role in divorce proceedings, it’s crucial for individuals to approach the process fairly and within the boundaries of the law. Working with a solicitor who specialises in family law is vital to ensuring that the divorce is handled well, reducing the likelihood of unnecessary conflicts, and working towards a fair and reasonable settlement.

Whilst the idea of ‘all’s fair in love and divorce’ is desired, more than ever this supports the call for people to use out of court options, i.e. mediation, collaborative, one couple one lawyer and arbitration, to resolve their differences and ensure a fairer and more amicable resolution without the need for high costs and long delays that typically follow the court process.