The law for divorce is changing – how will it impact you?

In this article, Alexander Garrett, specialist divorce solicitor at Holmes & Hills explains the upcoming changes to divorce laws in England and Wales.

If you are in the process of considering a divorce, mark the date of 6^th April 2022 in your diary as this will be the date of the biggest change to the divorce process in this country since 1973. This will be when no-fault divorce is finally introduced to England and Wales.

Another important date to record is 31^st March 2022 as the court will be suspending their divorce portal meaning that unless there are urgent reasons for applying for divorce, you will not be able to apply for a divorce until 6^th April 2022.

The current law – five facts

Up until this point in time, if you were seeking a divorce, you must have been able to prove that your marriage had broken down irretrievably by relying on one of five “facts”. Those facts included:

1. Adultery
2. Unreasonable behaviour
3. Desertion
4. 2 years separation with consent
5. 5 years separation without consent

Whilst some people may have welcomed the opportunity to blame their spouse for the breakdown of their relationship, starting what can be a difficult process anyway, in this particular manner, can be extremely problematic.

The end of a relationship is a delicate time for you and unfortunately, the current procedure for divorce can threaten to increase tensions and, in some cases, make matters worse than they already are.

The first action taken in relation to the divorce can set the tone for what follows. Naturally, if you are the other party, reading allegations made by your spouse against you, effectively pinning the divorce on you, can be very upsetting.

It is then difficult to expect you both to sit down with one another having been through this and have productive discussions of other aspects of the divorce such as the future arrangements for the children or a financial settlement with those allegations still fresh in your minds. Even people with the most amicable separations may feel that their good-natured approach to end the relationship is a little strained when allegations of unreasonable behaviour or adultery are being made.

As a result of this, the courts are finding more and more people making applications for the court to decide on these issues which is leading to considerable delays. Currently, the average application that goes all the way to a Final Hearing, can last 2 years. Being embroiled in this type of proceedings can have a severe negative impact on mental health.

Through the last few years, everyone involved in the family law sphere has started to recognise this, and it is for the above reasons that the date of 6^th April 2022 will be a particularly important date as it marks the introduction of no-fault divorce to this country.

The new law – no-fault divorce – what you need to know

The no-fault divorce process will remove the requirement to use one of the five “facts” mentioned above and, more importantly, it removes your spouse’s ability to defend a divorce which should lead to the divorce process becoming far quicker and cheaper for both parties.  

No-fault divorce also takes a positive step forward in encouraging you to divorce on an amicable basis by introducing the ability for divorcing parties to make joint applications for divorce. Parties will no longer need to feel that one person is divorcing the other person, and this now allows for you both to feel like you are working together in getting beyond this difficult period of their lives. By encouraging this approach from the start, you can then feel able to adopt a similar approach in respect of the other aspects of separation such as arranging the care for the children and having more reasonable expectations for the settlement of finances. The process of divorce no longer has to feel like a war between each other, but more of a joint process which is in your best interests.

There are several benefits to this as it encourages you to avoid contested divorce proceedings which will lead to you spending less money on legal fees. The money saved from the no-fault divorce can then be put towards the next chapter of your lives and towards your children’s future.

Overall, the change in the way people divorce is certainly good news for most people, particularly those who may be concerned about how their partner may take the news of divorce. The no-fault divorce process will encourage people to separate on a far more amicable basis which will present a host of benefits to both parties.

At Holmes & Hills Solicitors, we have Resolution trained lawyers that prescribe to a code of practice designed to achieve amicable divorces and financial settlements.

If you would like advice or assistance in applying for a no-fault divorce or discussions relating to child arrangements and financial settlements, feel free to contact us to book a fixed fee initial consultation with one of our specialist family lawyers.