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Almost 50 years to drive change

After nearly half a century and decades of campaigning for a ‘no fault” divorce, we are pleased that finally, the long overdue change in the law surrounding divorce petitions will come into force on 6 April 2022.

No fault divorce

This means that married and civil partnership couples will as off 6 April 2022 be able to obtain a divorce without having to blame the other party

Right now

Under the current divorce law, married couples looking to divorce need to prove the irretrievable breakdown of the marriage. This was evidenced through one of the following facts being proven:

1.         Adultery

2.         Unreasonable behaviour

3.         Desertion by one party

4.         Two years separation with the consent of the spouse; or

5.         Five years separation without consent.

No need for blame from 6 April

However, the new Divorce, Dissolution and Separation Act – 6 April 2022 aims at reducing the confrontation between the parties and removing the need to “blame” one spouse for the breakdown of the marriage.

Under the new Act Couples can sign a sole or joint statement that the marriage has broken down and cannot be saved. The new minimum time period from submitting a statement will increase to 20 weeks from 6 weeks and 1 day. This allows both parties time to agree practical arrangements surrounding the separation. Once 20 weeks has taken place a conditional order is granted by the courts. A conditional order replaces the terminology Decree Nisi (confirmation you are entitled to divorce).

From the conditional order there is an additional 6-week period before a final order is granted, severing the marriage or civil partnership. This replaces on the old terminology of a Decree Absolute.

End to blame game culture

A marriage breakdown is a highly emotive time in any couple’s life. Under the current law, couples had to prove one of the 5 facts for divorce. More often this could result in parties playing the ‘blame game’ and increasing conflict between then before the divorce process had begun. It also leads to excessive involvement from solicitors and legal costs.

It is hoped that by removing the need to blame one party, the new Act will help increase the likelihood of resolving divorce matters amicably and constructive manner.

If you require help, advice or guidance around ending your marriage and subsequent issues that arise upon separation, please contact Vijaya Sumputh at Curwens Solicitors on 020 8363 4444.