Earlier this month, ministers announced that the Divorce, Dissolution and Separation Act 2020 will be coming into force next year, which will allow married couples to divorce without allocating blame.
There have been calls for a change in the law for many years, especially following the controversial case of Owens v Owens which hit the headlines in 2018 after the appeal courts refused to allow Mrs Owens a divorce based on her husband’s alleged behaviour.
Can I get a no fault divorce?
Currently there is no ‘no fault divorce’, as the law allows a divorce based on one of the following five facts:
- Adultery
- Unreasonable behaviour
- 2 years separation with the other party’s consent
- 5 years separation
- Desertion
Unless married couples intend to divorce based on 2 years separation with the other party’s consent, or have been separated for five years or more, then the party petitioning for the divorce must prove that the other party is to blame for the marriage breakdown.
The current divorce law was enacted in 1973 and has changed little since. While the judges in the case of Owens felt uneasy about the decision to reject Mrs Owens’ divorce petition they had little choice due to the law as it currently stands, they called for Government to reform the current divorce law and to move towards a no-fault divorce.
The Divorce, Dissolution and Separation Act 2020 will remove the requirement to prove the five facts, allowing either or both parties to apply for a divorce on the basis that there has been an irretrievable breakdown of the marriage.
When will the no fault divorce be implemented?
The new legislation will come into force on 6 April 2022. While this is later than initially anticipated, this date is now fixed as a matter of Parliamentary record.
What are the benefits of a no fault divorce?
It is hoped that by allowing couples to divorce without blaming one party for the marriage breakdown, it will reduce conflict to enable the parties to focus on the key issues, such as children and finances, on an amicable basis.
How can we help?
EJ Coombs Solicitors offer a fixed fee consultation to explore your situation and give you a clear idea of where you stand. If you would like further information, or wish to discuss a potential divorce or separation, please do not hesitate to contact us today.
