No-fault divorce is to come into effect in England and Wales on 06 April 2022. Today, we’ll look at the latest updates of The Divorce, Dissolution and Separation Act 2020, the removal of the concept of fault in divorce and explain how the new process will work.
How the Traditional Divorce System Worked
The traditional system of divorce necessitated blame and fault without the possibility of making a joint divorce petition when both parties agree to end the marriage. Instead, one party (the Petitioner) had to initiate the process by illustrating the key events that led to the irretrievable breakdown of the marriage.
There were only five reasons (also known as the ‘five facts’) for divorce that would be accepted by the court:
- Unreasonable behaviour
- Adultery
- Desertion (for a minimum of 2 years)
- 2+ Years of Separation (if both parties consent)
- 5+ Years of Separation (if one party disagrees)
Under these rules, unless you and your spouse had lived separately for at least two years before applying for a divorce, proving that one party has caused the breakdown of the marriage was the only way to be granted a divorce. This would often lead to the divorce petition being contested, making the divorce process longer and a lot more stressful, due to the negative connotations involved.
How No-Fault Divorce Will Work
With no-fault divorce coming into power in England and Wales on 6 April 2022, UK couples will now be able to get a divorce without one person (spouse) needing to blame the other for the breakdown of the marriage. Here’s how the process would work:
Blame No Longer a Factor
If the parties agree to a divorce and it is uncontested, the spouse is now required to provide a statement to support the irretrievable breakdown of the marriage and not rely on the ‘five facts.’
Joint Applications Possible
Under the current law, the spouse issuing the divorce proceedings was called the ‘petitioner’ and the other person was called the ‘respondent.’ The new process will allow both people to jointly apply for the divorce.
Period of Reflection Introduced
A period of reflection of a minimum of 20 weeks will be introduced between the application and conditional order. Once the conditional order has been made, there will then be a minimum 6 week period before the final order is made and the divorce is finalised. This is done to avoid making divorce “too easy” and give couples the opportunity to work things out if possible.
Contesting a Divorce Not an Option
Under the fault-based divorce system, the divorce petition submitted by one party would list reasons why the behaviour of their partner has caused the breakdown of the marriage. The other party could contest causing the divorce to become prolonged and complex. With no-fault divorce in place, this will no longer be an option, limiting the possible complications of divorce proceedings.
Change in Divorce Terminology
The wording has also been updated. Under the no-fault divorce law, the person applying for the divorce will now be called the ‘applicant’ instead of the ‘petitioner.’ Additionally, the ‘Decree Nisi’ will become the’ Conditional Order’ and the ‘Decree Absolute’ will be named the ‘Final Order’.
Dealing with Finances Remains Unchanged
It is important that finances are dealt with at the same time as the divorce as the process does not end one’s financial commitment to the other. One person could make a financial claim against the other after being granted a divorce.
No-Fault Divorce - A Simpler Solution
The main benefit of introducing no-fault divorce in the UK is that it makes the divorce process a lot quicker, cheaper and more straightforward. Without the need to assign blame, there’s less cause for friction between the parties in an already emotionally-challenging situation.
The benefits of no-fault divorce include:
- Divorce proceedings take less time to be completed
- Easier to reach an amicable resolution when both parties want to end the marriage
- Less stress and negative emotions involved due to the lack of blame
- Protecting victims of domestic abuse from being trapped in an abusive marriage
- Reducing the negative impact of divorce on children
Since the no-fault divorce debate began in 2018 in the UK, some have argued that making divorce more easily accessible could jeopardise the sanctity of marriage and undermine the marriage institution. However, no-fault divorce has prevailed due to the numerous advantages it offers and it’s coming into force in England and Wales on 6 April 2022.
Contact Our Divorce Solicitors
At Witan Solicitors, we are experienced in dealing with all aspects of family and financial issues in divorce. If you would like to discuss any aspect of divorce or separation with an expert family lawyer, email us at info@witansolicitors.co.uk or fill in our contact form. We have offices in London, Birmingham and Northampton.
