New divorce act brings in a system of no-fault divorce, expected this autumn

Published: 10/06/2021

Written by Curwens Solicitors

Presently the law states that if one wants a divorce now, one must, unless they have been separated for at least two years, show that their spouse is to blame for the breakdown of the marriage. This can be done by either proving that their spouse has committed adultery or behaved unreasonably.

That is due to change when the new Act brings in a system of no-fault divorce, expected this autumn. Under the new system, it will no longer be necessary to give any reason for the breakdown of the marriage.

All that will need to be done to start the divorce process is for one or both of the parties to file with the court a statement saying that the marriage has broken down irretrievably.

Importantly, if the statement is filed by just one party the other party will no longer have the opportunity to defend the divorce – defended divorces will be a thing of the past.

Once a statement has been filed, the divorce will proceed in two steps: the making of a conditional divorce order by the court (the equivalent of the present decree nisi), and the making of the final divorce order (the equivalent of the present decree absolute). A minimum period of twenty weeks must elapse between the start of the proceedings and the making of a conditional divorce order, and the final order cannot be made until a further six weeks have elapsed. The divorce will therefore take a minimum of six months as opposed to now where one can obtain a divorce within three to six months.

Those involved in the family justice system has openly welcomed the new law. It is hoped that the removal of the ‘blame game’, which can cause unnecessary animosity between the parties, will ease the arrangements for children and finances by agreement.

Read full details here: https://questions-statements.parliament.uk/written-questions/detail/2021-05-25/7278

For further expert advice, contact our Family team on 020 8363 4444 or fill out our online enquiry form.

Please note that our briefings are for informational purposes only, and do not constitute legal advice.

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HR Director, Milbridge Group PLC

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