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Introducing no-fault divorce
Out with the old, in with the new:
introducing no-fault divorce
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Hailed as the biggest shake-up in divorce law for 50 years, the Divorce, Dissolution and Separation Act 2020 came into force on April 6 this year. Solicitor Glynis Wright tells us more
We caught up with Glynis Wright MBE, partner and solicitor specialising in family law at Nelsons, who explained the benefits of the new system.
“The most significant change the new law has is that, instead of having to attribute blame to one party, a couple can mutually cite ‘irretrievable breakdown’ as the sole ground for wanting to obtain a divorce,” Glynis told us.
“This can either be done as a joint or individual statement. Either spouse will be able to provide a statement saying the marriage has broken down without having to provide further explanation or evidence.”
Divorce applications will be made through an online portal. Additionally, there’s no opportunity for the respondent to defend or to cross apply for a divorce.
Once an application has been made, the applicant has to wait until 20 weeks have elapsed to apply for a conditional order. “This period allows both parties the opportunity to reflect on their decision to divorce and to consider the financial issues that need to be resolved as a result of their separation.” The applicant can then apply for a divorce or dissolution final order six weeks from the date that the conditional order was made.
“Sometimes, however, it may be advantageous for them to delay applying for the final order until such time as they have resolved any financial issues relating to their divorce.
“Another benefit of the new legislation is that victims of domestic abuse will no longer be trapped by their abusive spouses contesting a divorce. In the past, domestic abusers have taken advantage of the law by contesting an application to exercise further coercive control over their victim.”
September 2021 saw the price of divorces rise due to an increase in court fees in line with inflation. “While it’s unlikely that this new legislation will impact fees, it’s worth keeping an eye out for firms offering fixed fee no-fault divorces, like Nelsons, as this provides people with peace of mind when it comes to knowing that there aren’t going to be any hidden or unexpected fees.
“The previous law was passed in 1973 when people’s attitudes toward marriage and divorce were very different. In modern society, it’s unfair for a couple to be forced to stay together if attempts to make the marriage work have been unsuccessful. That’s why this change in divorce law has been long anticipated by many family lawyers.”
If you’ve been affected by the issues in this article, you can contact Nelsons for advice on 0116 222 6666.
