On 6th April 2022, anyone in a marriage or civil partnership will be able to file for what is referred to as a ‘no-fault’ divorce. The practical effect is that parties will be able to file for divorce without placing blame on their spouse or civil partner for the breakdown of the relationship. Many believe these changes are long overdue.
Many relationships fall apart through no wrongdoing of either party, and therefore filing for a no-fault divorce could be the best option. In this article, we take a look at the new legislation and what this means for couples planning to divorce or dissolve a civil partnership.
What is no-fault divorce and why does it matter?
The introduction of no-fault divorce in England and Wales means that couples will no longer need to assign ‘blame’ for the breakdown of their relationship. Under the current divorce laws, couples need to rely on one of the following grounds:
- Unreasonable behaviour
- Adultery
- Two years separation with both parties’ consent
- Five years separation (no consent necessary)
- Desertion
Unless a couple has lived separately for a minimum of two years, these divorce laws can encourage conflict by insisting that couples decide who is at fault and why. Divorce is emotional, and the ‘blame game’ can be difficult to navigate, adding additional stress at what is already a very challenging time.
In order to get divorced under the new laws, couples may simply cite ‘irretrievable breakdown’ as the sole reason for wanting to get a divorce. Crucially, irretrievable breakdown can be cited as a mutual decision, or by one spouse or civil partner. Either party will be able to provide a statement attesting that the relationship has broken down, but they will not be required to provide evidence of unreasonable behaviour or adultery for example.
The new rules also mean that one party to the marriage cannot contest the divorce where proceedings have been started by their spouse. Removing the ability to contest a divorce as well as a requirement for blame eliminates much of the conflict that often comes up in the divorce process and will make the process much more straightforward.
Furthermore, research from Relate, the UK’s largest provider of relationship support, has determined that conflict during divorce proceedings can be particularly damaging for children. Regular and unresolved conflict between parents can cause long-term mental health issues for any children involved, as well as social, academic, and behavioural difficulties. No-fault divorce is thought to eliminate much of the hostility associated with divorce, and create a more peaceful environment for children.
Another one of the key issues raised by the UK government was that by removing the ability to contest a divorce, abusive partners will be prevented from ‘trapping’ their spouse in a marriage for up to five years. In some cases, being able to contest a divorce where one partner wishes to end a marriage, has allowed abusers to exercise coercive control over their partner for several years.
The benefits of no-fault divorce
It is typically recommended to raise divorce proceedings right away but, with the introduction of the new no-fault divorce laws just around the corner, what are the advantages of filing under the new system?
If your spouse does not want to get divorced and you believe they will contest the divorce, the current rules mean that you may end up in time-consuming and expensive court proceedings. Alternatively, you may need to remain married but live separately for five years before you can apply for divorce.
If you wait for no-fault divorce to come into play, you can simply apply for divorce without concern about it being contested, saving you time and money, and allowing you to move on with your life. It’s worth noting that while divorce cannot be contested under the new system, it is possible to avoid service.
For couples who agree to a divorce, both parties can make a joint application under the no-fault divorce system. This allows for a more amicable separation and removes the need for one spouse to issue divorce proceedings (known as the petitioner) against the other party (the respondent).
If you are considering divorce, your family law solicitor will be able to advise you on the best course of action for your circumstances.
Contact our Family Law Solicitors in Central London Today
Our solicitors have extensive experience in handling matters relating to all aspects of family law, including divorce, financial arrangements, adoption and cohabitation. Our team will work closely with you to make sure that they find the best approach to move your case forward and get the best result in the circumstances.
At Lewis Nedas Law, we handle a wide range of family law issues and can give our clients impartial and practical advice and guidance. We know how difficult legal issues relating to your family can be and our team will support you through the whole process.
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