No Fault Divorce - End of the Blame Game

No fault divorce –

the end of the blame game

The Divorce, Dissolution and Separation Act 2020 ends years of campaigning to remove the need to blame one of the parties when seeking to divorce, allowing for no-fault divorce. The new no-fault divorce law will come into being from 6 April 2022. Taking away blame will not encourage more people to divorce as some people fear but it will help those who decide that their marriage or civil partnership is beyond hope of reconciliation to deal with the legal and practical consequences without getting caught up in the “blame game”. There remains a common misconception that “fault” will impact how the finances from a marriage are separated between divorcing couples. The simple truth is that “bad” behaviour is rarely taken into account when working out a financial settlement. Even so, it is difficult for clients to separate the fact that they are relying on behaviour or adultery as the reasons for divorce from the discussions about finances. The belief that if someone has been wronged, there should be a consequence for the other party, is a natural human reaction. But that is not how the courts regard it in the vast majority of cases and have not done so for decades. Needing or wanting to blame creates an unnecessary distraction for many people engaging in the divorce process where the focus should be on reaching a resolution as quickly and painlessly as possible. Removing blame also helps parents avoid unnecessary conflict when deciding on future arrangements for their children. It can be heart-breaking to see a parent use their children against the other parent. For example, by denying contact or making frequent negative comments about their ex. Taking blame out of the legal process with this reform will help people to shift their focus away from “why it happened” towards a mind-set of “what do we need to do now to move forward?” What does not change with the introduction of the no fault divorce, is that separating couples will need to come to an agreement over how the finances from their marriage are dealt with once divorced as divorce alone does not end their claims against each other. It is important to seek advice from a family lawyer on settlement options and reaching an agreement with your spouse that is approved by a family court a part of the divorce process. If you would like any advice on what no-fault divorce means in practice and advice generally on reaching agreement with your spouse over financial matters both during a separation and on divorce, the family team at Leeds Day LLP can help. Our family lawyers include Resolution Accredited specialists in children and finances and have practiced exclusively in family law over several decades.

To find out more, contact 0844 567 2222 or send an email to family@leedsday.co.uk

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