New ‘No Fault’ Divorce
The new no fault divorce. The Divorce, Dissolution and Separation Act (2020) came into effect on 6 April 2022 and represents the biggest change in divorce law for more than half a century. It ends the need for separating couples to apportion blame for the breakdown of their marriage, helping them to instead focus on key practical decisions involving children or their finances and look to the future.
Under the previous law, one spouse was forced to make accusations about the other’s conduct, such as ‘unreasonable behaviour’ or adultery, or face years of separation before a divorce could be granted,
regardless of whether a couple had made a mutual decision to separate.
The changes mean that one spouse, or a couple jointly, can now apply for divorce by stating their marriage has broken down irretrievably. The new law also aims to remove unnecessary accusations and hostility at a time when emotions are already running high, and spare children from witnessing their parents’ mudslinging.
Importantly, it will also stop one spouse from vindictively contesting a divorce, a tactic sometimes used by domestic abusers.
The new law also introduces a new minimum timeframe of 20 weeks between the start of the divorce and the application for a conditional order of divorce, formerly the ‘Decree Nisi’. This will offer time to reflect, and/or potentially reconcile, and importantly to agree arrangements for related matters such as those involving children, finances and property, before applying for the final order of divorce, formerly the Decree Absolute. In most cases the divorce should only be finalised once financial matters are resolved, so this can add time to the process.
However, easier divorce will not necessarily promote easier negotiations regarding the sharing of a couple’s assets, although there is a commitment from the Government to review the current law in this area once ‘no fault’ divorce is fully operational. Until that time what may help is mediation or the collaborative process.
To understand your options, where you stand in relation to the law and begin to start the process of achieving peace of mind please contact us on 01572 490 660 or complete a Free Online Enquiry.
