No Fault Divorce What does this mean?
The Divorce, Dissolution and Separation Act 2020 is an act of the Parliament of the United Kingdom which amends existing laws relating to divorce to allow for no-fault divorce in England and Wales. This has been as a result of a wide spread campaign mainly from Family Law Practitioners. The government held that the changes were the biggest reform of England and Wales’ divorce laws since the Matrimonial Causes Act 1973.
Whilst this was due to commence in Autumn 2021, the government has since confirmed that this Act will now come into force on 6 April 2022.
Where parties have been married for one year and one, or both parties wish to obtain a divorce as quickly as possible, they must prove that their marriage has irretrievably broken down as a result of one of the party’s unreasonable behaviour or adultery (thus making this fault-based). These are the only facts to rely on to effect a quicker divorce without having to show some kind of prolonged period of separation, prior to the parties being able to commence the divorce process. Fault-based petitions risk giving rise to cross-petitions and defended applications submitted by the other party making the divorce process unnecessarily prolonged and creating further animosity between the parties. The resulting divorce can become stressful and emotionally draining.
How will the new Law work?
The new law will however eliminate any kind of “blame” on the other and will simply require a party to complete a declaration that the marriage has irretrievably broken down. The parties can choose to do a joint statement or they can choose to do individual statements. The benefit of eradicating any kind of blame will mean that the parties can commence divorce proceedings without having to put the blame on the other party and it is hoped that this will be of benefit when trying to agree financial arrangements, or the living arrangements for the children.
We at Paul Robinson Solicitors understand that the initial stages of considering whether to have a divorce can be one of the hardest decisions one would make. The process can be a very emotional and stressful journey, however we are here to guide you through every step of the way with our expert Family Solicitors.
Should you require any advice about your family circumstances, please contact Sheenal Patel on 01702 662963 (Essex) 020 35537115 (London) or use the contact form below.
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