New No Fault Divorce – the changes explained
New divorce laws coming into effect on April 6th 2022 will introduce the No Fault Divorce.
The biggest reforms for half a century, the new rules will make the process easier for married people wanting to legally separate.
The hope is the No Fault Divorce will remove some of the animosity, pain and trauma that the proceedings themselves generate.
The primary aim is to reduce the emotional distress caused by divorce, and the well-documented harm it causes to children during and long after the legal proceedings.
From April 6th
• One or both partners jointly can make a statement of ‘irretrievable breakdown’
This replaces the existing formal accusations of unreasonable behaviour, adultery, desertion, or proof of separation (two years if both agree, and five years if one person refuses to agree)
• Divorce can no longer be contested
This aims to significantly reduce delay and distress.
Currently if one spouse refuses the divorce, the couple must wait five years.
In some cases this has allowed domestic abusers the opportunity to continue harming their spouse and exercising coercive control over them.
• The terminology is being updated to Applicant, Conditional Order and Final Order
This replaces ‘Petitioner’ and the Latin phrases Decree Nisi and Decree Absolute
• There will be a mandatory 20-week period between the two stages
This provides time for reconciliation or negotiation of financial and child-related matters.
The reason these changes are important is that as things stand, for a couple to divorce in under two years, one must make a formal accusation against the other. Without an accusation they have to live separately for at least two years, if both agree on the divorce or five years if one doesn’t.
Many couples simply can’t afford to run two households for two years in order to prove a period of separation. Many want to move on with their lives and the two-year delay prevents that. And some are desperate to escape an unhealthy relationship for their own mental health and wellbeing.
Even when couples agree they both want to divorce, the requirement to assign blame can inflame the situation, leading to arguments and recriminations which can spill over into family life, financial negotiations, and often cause upset and harm to children.
What does this mean for someone wanting to get divorced now?
If you apply today, or any time before March 31st your divorce will fall under the current rules.
You can still get a No Fault Divorce, but you must prove you have been separated for two years, if you both agree, or five years if one person is contesting the divorce.
If you have already been separated for some time, your divorce could progress quite quickly so there is no reason to delay.
If you have only recently separated and want to divorce quickly, one person will have to make an accusation against the other. If you wish to avoid the animosity this could create, you may choose to delay your application until April 6th and make use of the new No Fault rules.
If you are unsure of how to proceed, or just want some informal advice about the options open to you, please contact us today 01772 205 404 for Mark Mosley in Preston or 01253 773 377 for Mary Lowe in Lytham.
The new Divorce and Dissolution Act 2020 provides amendments to the Matrimonial Causes Act 1973.
Justice Secretary & Lord Chancellor Rt Hon Robert Buckland QC MP
“The institution of marriage will always be vitally important, but we must never allow a situation where our laws exacerbate conflict and harm a child’s upbringing.
“Our reforms will stop divorcing couples having to make unnecessary allegations against one another and instead help them focus on separating amicably.
“By sparing individuals the need to play the blame game, we are stripping out the needless antagonism this creates so families can better move on with their lives.”
https://www.gov.uk/government/news/divorce-blame-game-to-end