The Divorce, Dissolution and Separation Act 2020 gained Royal assent on the 25th June 2020, bringing an end to years of campaigning in order to remove the need to blame the other party when seeking divorce.
Divorcing couples will no longer have to blame one another for the breakdown of their marriage, as an Act which seeks to reduce family conflict. It aims to reduce the impact that allegations of blame can have on a couple and in particular, the children.
The new No-fault Divorce law is due to be implemented in the Autumn of 2021.
Current Law
Under the current law, there are no ways for couples to start divorce proceedings, without apportioning blame to one spouse. The only way to obtain a divorce without apportioning blame; is to wait for two years (if both parties consent to the divorce) or five years (if one party does not consent to the divorce).
Otherwise, for an immediate divorce, parties must rely on blame-based facts in order to prove that their marriage has irretrievably broken down; either one spouse has behaved in such a way that the other cannot reasonably be expected to live with them, or one spouse has committed adultery and the other finds it intolerable to live with them.
The other blame-based fact, is that one spouse has deserted the other for a period of at least two years. However, that again does not facilitate for an immediate divorce.
The current system allows spouses to easily defend the divorce or cross-petition, which leads to Court hearings that inevitably bring along delays and significant costs.
Campaign for a No-fault Divorce
Resolution including many other individuals and organisations that have worked with or have observed the impact of relationship breakdowns, have long campaigned for better ways of separation.
As family lawyers, we recognise that taking away blame does not encourage more people to initiate divorce. Instead, it will assist those who decide their marriage or civil partnership has irretrievably broken down to help deal with the legal and practical consequences, without getting caught up in the unfortunate ‘blame game’.
There remains a common misconception, that ‘fault’ will materially impact a financial award. The truth is, that ‘bad’ behaviour is rarely considered by the Courts, when calculating financial settlements.
Furthermore, removing blame may help parents avoid unnecessary conflict when deciding on future arrangements for their children. It can be painful to see a parent use their children against the other parent, for example, by denying contact or making negative comments frequently about their former partner.
The new legislation will bring Divorce Law in line with the Government’s approach to family justice, avoiding confrontation wherever possible and reducing its damaging effect on children.
The new legislation will:
- Replace the ‘five facts’ with a new requirement to provide a statement of irretrievable breakdown
- Remove the possibility of contesting the divorce
- Permit couples to jointly apply to the Court for divorce
- Modernise the previous archaic language, making it easier to understand the divorce process. The divorce process will still involve the two stages of Decree Nisi and Decree Absolute. However, ‘Decree Nisi’ will be updated to ‘Conditional Order’ of divorce, and ‘Decree Absolute’ will be updated to ‘Final Order’ of divorce.
Disclaimer:
The above does not represent legal advice and should not be treated as such.
If you are considering commencing divorce proceedings, you should seek the advice of a practising expert family lawyer.
If you would like advice on what No-fault Divorce means in practice or any other family law issues, then please feel free to contact our Client Care Team, who will put you in touch with one of our specialist divorce lawyers at RHD Solicitors.