No Fault Divorce

5 APRIL 2022 09:30

As of 6^th April 2022, the law in relation to Divorce Proceedings is set for a substantial change with the introduction of “no fault divorce” in England and Wales. This will bring significant changes to the mechanics of divorce proceedings and the dissolution of civil partnerships moving forward.

 

So, what does this mean if you are seeking a divorce or dissolution of a civil partnership after the 6^th April? The main changes that are being made are:

 

You will no longer be required to prove one of the “five facts” to evidence irretrievable breakdown, which are currently: adultery; unreasonable behaviour; desertion; two years separation with consent and; separation for 5 years. The only requirement under the new provisions is that a statement of irretrievable breakdown must be provided simply stating that the marriage has broken down irretrievably.

 

Under these new provisions, it limits even further the possibility of contesting the divorce.

 

These changes in law also introduce the option for a joint application.

 

The reforms also bring about a change in the language used during proceedings. For example, instead of the archaic language used such as decree nisi and decree absolute, it will be changed to conditional order and final order, respectively.

 

It is expected that this change in law will reduce the likelihood of conflict as it will remove the concept of allocating fault in a divorce as neither of the parties will be required to “point the finger” at the other party in an attempt to establish wrongdoing. The main objectives of the reforms is to shorten proceeding and to encourage amicability between the parties. This will also allow the parties to concentrate on more important issues, such as Child Arrangements and settling Matrimonial Finances.

 

However, it must be noted that a number of requirements have remained the same, such as having to be married for a period of 12 months prior to seeking a divorce. It must also be noted that the changes to the law have created new potential battlegrounds and difficulties.

 

Whilst the law in relation to Divorce Proceedings is set to change there is no planned changes to the law in relation to the settlement of Matrimonial Finances and Child Arrangements. These proceedings can still be very complicated and obtaining early legal advice is strongly advised.

 

In light of these changes, if you are wanting any help or advice in respect of a divorce or any other family law matter, please give us a call on 01554 755101 to arrange a free 30 minute appointment with our experienced Family Law team.

 

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