News

After decades of campaigning for ‘no fault” divorces, the process of getting divorced is going to get easier following a long overdue change in the law surrounding divorce petitions that will come into force in England and Wales on 6 April 2022.

This means that married and civil partnership couples will now be able to obtain a divorce without having to blame the other party, which should make divorcing less acrimonious and less confrontational.

Under the current divorce law, married couples looking to divorce need to prove the irretrievable breakdown of their marriage, as 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.

However, the new Divorce, Dissolution and Separation Act 2022 aims at reducing the confrontation between the parties and removing the need to “blame” one spouse for the breakdown of their 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 on practical arrangements surrounding the separation. Once 20 weeks have 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.

A marriage breakdown is a highly emotive time in any couple’s life. The hope is that by dialling down the temperature during the actual divorce process itself, that the new system will mean that both partners will enter the subsequent separation agreement process in a more positive, and consensual frame of mind.

It is hoped that by removing the need to blame one party, the new Act will help increase the likelihood of resolving post-divorce matters amicably and in a constructive manner. It should also reduce the involvement of solicitors in the process, and cut legal costs.

Whilst the new law might diminish the necessity of engaging a solicitor to attain the divorce itself, you may still require legal advice to deal with subsequent financial matters, and to agree the custody, contact and support arrangements for children.

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.