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An end to the blame game.
Beth Evans and Simon Hawkins, Family law experts and Divorce solicitors examine the changes in the grounds for divorce laws leading to the introduction of no fault divorce.
For over 50 years, couples seeking a divorce in England and Wales must either:
or
This often creates conflict and confrontation at the start of what is already a very difficult and often painful process, setting a negative tone for the more important discussions to follow around money and children.
Family lawyers and other professionals committed to the constructive resolution of issues that arise on the breakdown of a marriage have long campaigned for a change in the law. Family justice organisation Resolution spearheaded a 30-year call for no fault divorce, contending that removing the need to blame from the divorce process would increase the chances of successful non-court dispute resolution, in turn reducing the burden on the family court.
The long-awaited change came with the Divorce, Dissolution, and Separation Act 2020 which will come into force on 6 April 2022 and allow the nearly 100,000 couples who divorce each year to do so without assigning blame and to resolve their issues amicably.
From April 2022 divorcing couples will be able to cite “irretrievable breakdown” as the sole ground for a divorce, popularly known as no-fault divorce. In addition, the possibility of defending a divorce or the dissolution of a civil partnership has been removed.
The aim of the changes is to reduce conflict between separating couples who are either married or in a civil partnership.
The procedure to apply for a divorce or civil partnership dissolution has been updated to reflect the change in the law:
These changes will undoubtedly lead to more divorcing couples issuing divorce proceedings themselves and without the assistance of a solicitor.
Solicitors are bound by rules of professional conduct to avoid “conflicts of interest” which rules in most cases prevent them from acting for both parties in a divorce or dissolution, even where there is agreement and a joint application for divorce or dissolution. However, just because each party has a different solicitor, or one party chooses not to have representation, this does not mean that the divorce needs to be acrimonious. It is anticipated that the change in divorce law will have a positive impact on the work of family lawyers as they guide separating families through the divorce process in the hope of reaching amicable and constructive agreements which meet the needs of the family as a whole.
It remains the case that the interests of separating couples will be best served by them each seeking advice from an experienced family lawyer at an early stage and before the issue of divorce proceedings. That advice will remain vital in considering the appropriate and fair division of the assets, pensions, and maintenance and ensuring that informed decisions can be made about how best to proceed. Although the issue of divorce proceedings will lead to the dissolution of the marriage or civil partnership, the process will itself do nothing to address financial matters or future arrangements for the parties’ children.
For more information on no fault divorce or civil partnership dissolution, you can contact our family law experts today. You can use the contact form found here, or on this page and someone can call you back. Alternatively, you can call us on 01453 847200
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