The New Divorce Law - No Fault Divorce
Published on 24/09/2021
The long-awaited reforms that were originally planned to come into effect this autumn have been delayed until spring 2022. This new legislation is known as no-fault divorce and will see the end of the “blame game’.
The emphasis of no-fault divorce is to encourage a constructive and amicable approach to separation and trusting the judgment of the couple wishing to divorce.
It is hoped that no-fault divorce will help to reduce conflict and allow couples to focus on the more important issues like their children, property and finances.
What is no-fault divorce?
No-fault divorce is the first major divorce law reform since the 1970s, which will put an end to couples being forced to find blame in the other for their marriage breakdown.
Although the Act was passed in June 2020 it has been announced that the government is working on a new commencement date of 6th April 2022.
What does it mean for separated couples?
What no-fault divorce means is that come spring 2022, couples will no longer need to prove one of the five facts as set out in current divorce legislation:
- Adultery
- Desertion
- Unreasonable behaviour
- Two years separation with consent
- Five years separation without consent
Instead, the new law will retain the sole ground of divorce being that the marriage has irretrievably broken down. The requirement to divorce on one of the five “fault based” facts will be removed. Instead it will be replaced with a statement that the marriage has broken down irretrievably, and there will be no need of proof. This will put an end to any blame needing to be given for the marriage breakdown.
The new legislation will:
- Replace the ‘five facts’ with a new requirement to provide a statement of irretrievable breakdown
- Remove the possibility of contesting the divorce
- Introduce an option for a joint application
These changes will also apply to the dissolution of civil partnerships.
Changes to the legal language
The archaic and often confusing legal terminology around divorce is also set to undergo a much needed change.
The new legislation aims to make sure language around divorce is in plain English. Examples include:
- The petitioner will now be called the applicant
- Changing ‘decree nisi’ to conditional order
- Changing ‘decree absolute’ to final order
No-fault divorce: The benefits
There are several benefits of a no-fault divorce, including:
- It removes blame
- It better reflects modern relationships
- It is more current and up to date
- It removes the need to fit one of the ‘five facts’ into the reason for the marriage breakdown
- It is a more simplified process
- It removes the option to contest the divorce
The current law forces those whose marriage is over to blame the other for the breakdown even when they both agree that neither is “to blame” but it maybe that they just don’t love each other anymore and have nothing left in common.
The change in the law has been supported by the majority of divorce lawyers many of whom are members of the organisation Resolution as it brings divorce law into the 21st century.
It is important to note that theses change have no effect on the financial side of the divorce process which will still need to be agreed. This is where the mediation process comes into “its own” in helping a couple make their own agreement, in reducing acrimony and keeping the legal costs to a minimum.