The Government confirmed in April 2019 that divorce law in England and Wales would be changing, with the introduction of no-fault divorce. Originally, the government had planned to implement these changes in autumn 2021, but this has now been delayed until spring 2022.

The aim of the No-fault divorce is to help reduce conflict, allowing couples to focus on the important issues such as children, property and finances. New legislation will mean that couples will be able to get divorced without one person needing to lay blame on the other.

 

Current Divorce Law within England and Wales

At present, in order that a divorce may be granted within England or Wales, the Court needs to be convinced that the marriage has irretrievably broken down, to a point where it cannot be recovered.

There are currently five legally recognised reasons for the breakdown of a marriage under current laws. These being:

• Unreasonable Behaviour
• Adultery
• Desertion (where one person has deserted the other for 2 years or more without explanation)
• 2 years’ separation (provided both people agree to the divorce)
• 5 years’ separation (without this agreement)

 

This means that unless a couple has been separated for at least 2 years, one person must either document examples of the other’s behaviour during the marriage and present this as evidence to the court, or the respondent party must confess to having committed adultery. The court will then decide whether they believe this behaviour resulted in the irretrievable breakdown of the marriage.

 

Introduction of the “No Fault” Divorce

From  6^th April 2022, the no-fault divorce will be introduced. The key points from the new legislation are as follows:

1. Divorce can be granted without one person blaming the other

Under the new laws, couples will be able to get divorced solely on the basis that the marriage has broken down, without needing to cite one of the 5 reasons for divorce that are currently required.

2. Couples will be able to apply for divorce jointly

Under the no fault divorce system, both parties will be able to make the application jointly, whereas currently one person needs to issue the divorce proceedings against the other.

3. There will be a minimum of 20 weeks between application and divorce becoming final

A minimum timeframe of 20 weeks will be introduced to counter concerns that the reforms will make divorce a quicker and easier option for couples rather than trying to save their marriage.

4. It will no longer be possible to contest a divorce

Under the current system of fault-based divorce, one person submits a divorce petition, citing their spouse’s behaviour as the reason for the divorce, and their spouse can contest this. If apply for a divorce under the new no fault reasoning, this option will be removed.

The new legislation will ensure language used is in plain English, for example, changing ‘decree nisi’ to conditional order and ‘decree absolute’ to final order.

These changes will also apply to the dissolution of civil partnerships.

 

Should I wait for a No-Fault Divorce?

With the no-fault divorce coming into effect in the UK, should separated couples proceed with a fault-based divorce or should they wait until Spring 2022?

There is no correct answer for this; however, we strongly recommend that people wishing to petition for divorce seek legal advice as soon as possible.

 

If you have any questions relating to no-fault divorce, or require any related advice from our experienced specialists then please contact us today where we can offer a free 30-minute consultation to discuss your matter.