From 6th April 2022 couples were finally able to divorce without laying blame on either party. This change was also implemented for civil partnerships.
The removal of fault or blame from the divorce process
The importance of this new legislation is the removal of fault or blame from the divorce process. As a family practitioner, I often meet with a client who is initially on amicable terms with their spouse, Even during an extremely difficult time. But will then receive a list of their ‘unreasonable behaviour’ which unnecessarily upsets and enflames the situation.
Couples no longer need to cite one of the 5 reasons for divorce
Under the new laws, couples no longer need to cite one of the 5 reasons for divorce. They can instead rely solely on the irretrievable breakdown of the marriage and neither parties’ fault.
Former President of the Supreme Court, Baroness Hale, has been an advocate for the introduction of no-fault divorce in the UK. She saw this approach as a way to try and ease the pain of divorcing couples. Her view has been supported by some senior members of the Judiciary, Resolution (the national organisation of family lawyers) and various newspaper companies.
Both parties can apply for a divorce jointly
Another new introduction under the law is that both parties can apply for a divorce jointly. This will mean that both parties can be Applicants.
Timescales for divorces will also change. There will also be a minimum of 20 weeks between the divorce application and the Conditional Order (formerly known as a Decree Nisi.)
This has been introduced as a ‘period of reflection’. Providing parties with the opportunity to reconcile if appropriate or possible. There will then be a minimal period of 6 weeks between Conditional Order and Final Order (formerly known as A Decree Absolute.)
We support no fault divorce as it benefits couples where there is no conflict. Those that have simply drifted apart. But it will also benefit couples where there is conflict and seek to not enflame that conflict.
For more information or if we can help in any way please get in touch with our specialist Family Law Team – familyenquiries@fsmsolicitors.co.uk or call 01225 755621