HOW NO-FAULT DIVORCE COULD HELP YOU SEPARATE AMICABLY Leigh on Sea resident and family lawyer, Richard Abrahams, explains the biggest change to divorce laws in the past 50 years that comes into force on 6 April. The new “no-fault divorce” law means that separating couples will no longer have to apportion blame in order to be granted a divorce. CURRENT LAW Separating couples have to prove one or more facts to show that their relationship has irretrievably broken down. The facts are: • unreasonable behaviour • adultery (in respect of a divorce) • desertion (for at least 2 years) • 2 years’ separation (with consent of both parties) • 5 years’ separation If one half of the couple disagrees with the divorce, they can contest it and potentially even prevent it.
NEW LAW 1. Divorce can be granted without blame and separating couples will no longer have to rely on one of the “five facts” to prove the ground for divorce. 2. Couples can apply for a divorce jointly and agree together that their relationship has irretrievably broken down. 3. There will be a minimum of 20 weeks between the application and conditional order to incorporate a ‘period of reflection’ to give couples an opportunity to work through their differences before committing to a divorce. 4. It will no longer be possible to contest a divorce to stop people from being forced to remain married to incompatible partners.
WHAT DOES THIS ALL MEAN FOR SEPARATING COUPLES? Couples can now make separation as amicable as possible. By removing the blame, you can avoid going to court, saving considerable time, costs and stress. HOW KEYSTONE LAW CAN HELP Whenever a couple chooses to separate, it can be a difficult and emotionally challenging time.
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ORACLE EXCLUSIVE If you are considering a divorce and would like to discuss your options, please contact Richard quoting “Oracle” to arrange a free 30-minute confidential call.
RICHARD ABRAHAMS | PARTNER e: richard.abrahams@keystonelaw.co.uk t: 020 3319 3700
April 2022
www.oraclepublications.co.uk
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