No fault divorce: The key changes
The law in England and Wales is changing significantly in spring 2022 with the introduction of the Divorce, Dissolution and Separation Act 2020, writes Stephanie Vyas from Gardner Leader.
What does this mean?
The new legislation will remove the requirement to show any fault or wrongdoing in divorce or dissolution proceedings. It is expected to come into force on April 6, 2022.
The aim of the new legislation is to simplify the procedure and, more importantly, to reduce unnecessary conflict for separating couples at an already difficult time in their lives.
What are they key changes?
1. There will no longer be a requirement to rely on one of the five facts to show irretrievable breakdown. Instead, separating couples will be required to provide a statement of irretrievable breakdown.
2. The legislation introduces the possibility of joint applications where both parties agree their relationship has irretrievably broken down.
3. The new legislation also removes the ability for one spouse to contest a divorce or dissolution.
4. Terminology will be simplified – the first stage of a divorce will be known as a Conditional Order and second stage as a Final Order.
5. There will be a minimum period of 20 weeks from start of the proceedings to making a Conditional Order. There will then be a second period of six weeks between the Conditional Order and Final Order.
In practice, the change in law will allow couples who would have once relied on two years separation with consent or five years separation, to proceed without having to rely on a fault based fact such as adultery or unreasonable behaviour.
Can I still make a sole application?
Yes, the new legislation allows sole and joint applications.
What happens if I have already begun divorce proceedings?
Your application will continue as normal and you will be required to apply for decree nisi and decree absolute at the relevant times as per the current legislation.
What is the purpose of the new minimum timeframe of 26 weeks?
The timeframe allows for a period of reflection and an opportunity to agree practical arrangements such as a financial agreement and child arrangements.
Do I need evidence to show irretrievable breakdown?
No, separating couples will not be required to provide specific evidence. Instead, a short statement confirming irretrievable breakdown will be required.
Who is responsible for serving the documents once I have made an application?
The court will serve the application on the other party however the applicant can request to serve the paperwork if they would prefer.
Service can take place by email but a letter must be sent to the other party’s postal address telling them an application has been made and a link sent to their email address to review and complete their paperwork.
Many family practitioners welcome this long awaited change and are hopeful that it will decrease hostility between separating couples.
This in turn should allow more focus on the practical arrangements for their new chapter including reaching an agreement for a financial settlement and/or child arrangements.
If you would like to discuss what options are available for you and your family, please contact our family team.