The time to end the blame game in divorce has finally come.
For a number of years, family law practitioners have called for the law surrounding divorce to be reformed to enable couples to separate without having to blame one another.
That time has now come following the Divorce, Dissolution and Separation Act 2020 and the notion of “No Fault Divorce” which is to come into effect on 6 April 2022.
Divorce law is being modernised in a way not seen for over 50 years to reflect society and the relationships of today.
What Are The Key Changes With The 'No Fault Divorce'?
- The Divorce, Dissolution and Separation Act 2020 now removes the need for one person to blame the other when wishing to divorce.
- Irretrievable breakdown of the marriage or civil partnership will now be the sole and only reason for a divorce, removing the need to evidence one of the five facts of divorce (adultery, unreasonable behaviour, two years separation with consent, five years separation, desertion).
- The separating couple can now make a joint application for a divorce, should they wish to do so.
- Outdated terminology has now been updated and modernised to ensure the parties to the divorce are able to better understand the process.
- A divorce will no longer be able to be contested which it is hoped will remove unnecessary delays and costs in the divorce process.
- There will now be a minimum 20 week cooling-off period between the initial application and conditional order to allow for a period of reflection and breathing space for the parties involved. This cooling-off period will also allow time for constructive discussions to take place in relation to financial and children arrangements to try and achieve a non-contentious outcome where possible.
- There will be a period of 6 weeks from the making of the conditional order before the Final Order can be made.
It is the hope of family law practitioners that this long-awaited and overdue reform will reduce the acrimony often found in divorce proceedings, allowing parties to focus their energies on the financial and children's arrangements in a constructive and focused manner.
How Monan Gozett Can Help With Your Divorce
At Monan Gozzett LLP we understand that going through a divorce can be a stressful and emotive time for you.
If you or someone you know needs expert advice on divorce and family-related matters, do not hesitate to get in touch.
Monan Gozzett has a dedicated team of family solicitors who will be pleased to assist you.