No Fault Divorce
Divorce law is changing from 6 April 2022. A divorce is often said to be one of the most stressful life events. The concern is that the current law is inflammatory and only adds to the emotional turmoil separating couples face.
Family lawyers have campaigned for many years to revise the divorce law, which has been in place since the 70s. We attended parliament to lobby the government and the concerns have finally been addressed.
Currently to get a divorce couples need to be separated for a minimum of two years if they are to avoid blaming the other for the breakdown of the marriage. If the other party will not consent to the divorce then a 5 year wait is necessary. In the absence of being separated for two years the only option is to refer to adultery or the other persons unreasonable behaviour to prove that the marriage has broken down irretrievably.
The new law will allow couples to divorce by simply stating that there has been an irretrievable breakdown of the marriage, without having to prove one of the 5 factors of divorce that were previously required, and this was what often caused divorce proceedings to become acrimonious.
Separating couples can now jointly file for divorce which was not previously allowed, or it can still be done by one party independently of the other. There does continue to be a bar preventing couples from divorcing in the first year of marriage and the Court fee will continue to be £593.
The language has also been changed to remove some of the archaic language involved. For example you will now get a ‘final order’ upon the finalisation of proceedings rather than a ‘decree absolute’.
What are the pros and cons of no-fault divorce?
Cons:
- After sending your application to the Court there is a 20-week reflection period before you can apply for the first Decree. This was known as the Decree Nisi and previously it could be obtained in around 6 weeks (depending on Court’s turnaround times).
- There continues to be a 6-week compulsory delay between the first decree and applying for the final order. This is what brings the marriage to an end. Therefore, the whole process will now take in excess of 26 weeks, which is a far longer process.
- The longer divorce process could mean that there is a delay in parties obtaining their financial settlement.
Pros:
- This is a far more constructive approach. The previous system was often inflammatory only serving to raise the tension.
- This process is less adversarial. It should pave the way for a more conciliatory approach to negotiating a financial settlement.
- There is an emphasis on moving the process online. This should make the process more efficient.
Does this mean you still need a solicitor to conduct your divorce? It is now easier for parties to apply for a divorce themselves, however this only covers the divorce itself. The legal complications surrounding achieving an appropriate financial separation and agreeing arrangements for the children remain. Dividing assets at the end of the marriage is not straightforward and legal advice is highly desirable to ensure you are reaching the right outcome for you. Contact us now for further advice.
Gina Nicolas
E J Coombs Solicitors
