LEGAL NO FAULT DIVORCE
CHANGES TO HOW YOU DIVORCE On 6 April this year The Divorce, Dissolution and Separation Act 2020 reforms the legal requirements and process for divorce. The new laws will mean 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. This can be done in a joint statement or by an individual. The act aims to reduce the potential for conflict amongst divorcing couples by: • removing the ability to make allegations about the conduct of a spouse • allowing couples to end their marriage jointly The divorce application can be made online, meaning the postal delays can be avoided. There will be no requirement for the respondent to defend or to cross apply for a divorce which should benefit people who were victims of domestic abuse and controlling behaviour from being trapped by their abusive spouses who could delay or contest the petition previously it entirely. The act also introduces a minimum period of 20 weeks between the start of proceedings and application for final order. This provides couples with a meaningful period of reflection and the chance to reconsider. Where divorce is inevitable, it enables couples to cooperate and plan for the future.
As of this month, changes to the law mean that separating couples will be able to get a divorce, civil partnership dissolution or legal separation without having to blame each other for the breakdown of their relationship. Under the new law, separating couples will no longer have to blame the other by citing their adultery, unreasonable behaviour or desertion to show that the relationship has irretrievably broken down. In addition, the requirement to live separate and apart for a set period of time will be removed. Instead, the new law will encourage a more constructive approach to separation, promoting reconciliation and reflection where possible but ultimately trusting the judgment of the couple involved. It will now be possible for parties to make joint applications for divorce, both agreeing that the relationship has irretrievably broken down. However, one party will still be able to submit a sole application if their partner does not agree. As the ability to contest a divorce is removed, no one will need to worry about their partner contesting the divorce or dissolution and forcing them to go to court, saving considerable time, costs and stress New time scales mean that most couples will have to wait about six months for their divorce or dissolution to finalise. This time is intended to be a period of reflection for both parties to consider whether they truly want to separate. During this time, couples still need to make separate arrangements to divide their finances, agree to maintenance payments and sort out arrangements for their children. The changes have been a long time coming, and as there is no need to blame the other party, a joint application for divorce or dissolution allows a couple to have a completely amicable separation, and focus on their future in a positive way.
MADELINE RAND King Davies & Partners
A change in divorce law has been long-awaited by many lawyers who consider the current laws to be outdated, and often increased animosity and acrimony in already difficult circumstances. It is unfair that a couple is forced to stay together even if they have tried to make their marriage work but have been unsuccessful. If you’re getting divorced and have started your application, the applicant will need to be submit by 4pm on 31 March 2022. Alternatively, you can wait until the new digital service is launched and apply after 6 April 2022. However, if you are halfway through your divorce, then the process should continue in the normal way until you have your Decree Absolute granted.
RB ALTERNATIVE DISPUTE RESOLUTION Successfully Resolving Civil and Commercial Disputes We believe that all conflicts have the potential to be resolved fairly and constructively which helps parties to move on without being drawn into a lengthy, stressful and expensive litigation in court.
Despite the landmark change to English and Welsh divorce law, the law in respect of financial provision on divorce will remain the same. SWANSEA | MUMBLES | PORTHCAWL | CARDIFF | 01792 65 00 00
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