Government ministers have announced that the Divorce, Dissolution and Separation Act 2020, which will allow married couples to divorce without assigning blame, will come into force on 6th April 2022.
As the law currently stands, if you want to get divorced in England and Wales you must evidence at least one of the five ‘facts’ (reasons) for the divorce. Unless you are relying on the fact that you have lived apart for at least 2 years then a petitioner must provide evidence that the respondent is at fault.
No Fault Divorce – what you need to know
- Removal of fault or blame: The Act will replace the requirement to evidence one of the five ‘facts’ with the provision of a statement of irretrievable breakdown.
- Couples will be able to apply for a divorce jointly: Under the current laws, one spouse needs to issue divorce proceedings against the other. Under the no fault divorce system, parties can make the application jointly.
- You can no longer contest a divorce: Under the current system, one person submits a divorce petition, and their spouse can contest this and decide to defend the divorce. Under the no fault divorce system, there is no longer an option to contest the decision to divorce.
- There will be a minimum of 20 weeks between application and divorce becoming final: A minimum timeframe of 20 weeks has been introduced as a ‘period of reflection’ to give couples the opportunity to reflect on their decision and work through their differences before committing to a divorce. This has been introduced to counter concerns that reforms will make divorce a quicker and easier process than couples trying to save their marriage.
- Application stages: The no fault divorce process will still involve the two stages of Decree Nisi and Decree Absolute; however, the names will change. The Decree Nisi will become a Conditional Order of Divorce and the Decree Absolute will become the Final Order of Divorce.
- Parallel changes will be made to the law governing the dissolution of a civil partnership.
Family lawyers, who have long campaigned for no fault divorce, welcome this latest development. Whilst the date is later than originally indicated, 6th April 2022 is now fixed as a matter of Parliamentary record, rather than the indicative timetable previously being worked toward.
Justice secretary Robert Buckland said: “The institution of marriage will always be vitally important, but we must never allow a situation where our laws exacerbate conflict and harm a child’s upbringing. By sparing individuals the need to play the blame game, we are stripping out the needless antagonism this creates so families can better move on with their lives.”
Speak to our Divorce Solicitors in Guildford
For more information or specialist legal advice on no fault divorce, please contact our family team at our Guildford office on 01483 451900, email us at sols@gordonsols.co.uk or make an online enquiry here.
About the Author
Laura Cavannagh advises a range of clients within the Family Law department on a broad spectrum of Divorce, Family and Financial matters.
Solicitor
Tel: 01483 451 900
Email: laura@gordonsols.co.uk