No Fault Divorce is almost here
From 6th April 2022, the new law on no fault divorce in the UK will bring the long awaited reform of an area of law that has not been changed since 1973.
Soon, separating couples will be able to get a divorce, civil partnership dissolution or legal separation without placing blame on each other for the breakdown of the relationship.
What is changing with no fault divorce?
Under the changes in the law, separating couples will no longer have to rely on one of the 5 reasons for divorce to prove the ground of divorce which has caused the breakdown of the relationship. The 5 reasons were:
- Unreasonable behaviour
- Adultery (not for civil partnership dissolution)
- Desertion for at least 2 years
- Separation for at least 2 years with the consent of both parties
- Separation for at least 5 years even if one party disagrees
Currently, the divorce petition is brought by one party who must effectively blame the other party for the divorce. If the other party disagrees with the divorce or the reason given they can contest the divorce.
The new law will instead encourage a more constructive and less acrimonious approach, and trusting the judgement of the couple involved.
Why does the divorce law need updating?
The divorce law has been criticised for many years for being outdated and in some cases causing further conflict between both parties by creating a “blame game” which is unnecessary. In many cases there is no conflict and the couple have naturally grown apart with no one to blame. Under the new law the court will grant the divorce without having to investigation any reasoning.
Even where conflict does lie between both parties many believe that if one party wants to divorce they should not be forced to stay married if the other doesn’t agree with their reasoning.
There have been many concerning cases over the years of people being forced to remain married to someone that may be incompatible or worse, abusive. In 2018 a woman lost her Supreme Court battle to divorce her husband, forcing her to remain married against her will until they had been separated for 5 years which would then allow her to get divorced without her husband’s consent. It was following this case that the Government finally responded to calls to make changes to the divorce law.
How will no fault divorce work?
The new Divorce, Dissolution and Separation Bill which introduces no fault divorce will:
- Keep the sole ground of irretrievable breakdown of the relationship
- Remove the need to establish one of more facts to prove the irretrievable breakdown
- Update the divorce language e.g. Decree Nisi will become Conditional Order, Decree Absolute will become Final Order, Petitioner (person submitting the form) will become Applicant
- Introduction of Joint Applications where both parties agree that the relationship has irretrievably broken down
- Remove the ability to contest a divorce, dissolution or separation
What does no fault divorce mean for couples that are separating?
- If both parties agree they can make a joint application for divorce allowing them to have an amicable separation
- No more blame
- No one need worry about their partner contesting the divorce forcing them to go to court, saving considerable time, stress and cost
- With the new timescales it will take approximately 7 months for the divorce to finalise. This time is intended to be used for reflection for both parties to consider if they truly want to separate
- During this period both parties will need to make arrangements for their finances, maintenance payments if applicable, child contact/residence and other issues
When are the changes coming in to place?
The no fault divorce was announced in February 2019 the changes will come into force on 6th April 2022.
Should I wait for no fault divorce to come in to place?
If you are already in the process and have started divorce proceedings it is probably beneficial to continue. As we have previously mentioned, the vast majority of divorces go through without any issues and both parties agree that the relationship has broken down beyond repair. However you are unable to start divorce proceedings now using any of the previously mentioned reasons. All new applications must be using the new “no fault base” procedure.
What do we think about no fault divorce?
Managing Partner and family law Solicitor Teresa Bennion said:
“I think I can speak for many Lawyers when I say how pleased we are to finally see in force this long awaited piece of legislation . Separating couples often have so much to deal with such as sorting out appropriate arrangements for the children along with the financial arrangements. The process can already be very difficult, emotionally and financially without needlessly citing blame within the divorce papers. All of our family lawyers at Pinkney Grunwells are members of RESOLUTION and so we will always try to help our clients to find a resolution in a way that reduces conflict. This new Divorce Law goes a long way to help us achieve this.”
How can we help?
At Pinkney Grunwells we have an experienced family team able to assist and guide you through all aspects of family law. We recognise that each case is different and our advice and service is tailored to your individual circumstances.
We are members of the Law Society Family Law Advanced Accreditation scheme which is awarded for our skills and experience as well as the high standards of client care.
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