End the blame game: Everything you need to know about, no fault divorce
The Divorce, Dissolution, and Separation Act 2020 brings the biggest shakeup to the UK’s divorce laws in over 50 years. After years of campaigning for the implementation of no fault divorce, the act officially received Royal Assent in June 2020. Since then couples seeking a divorce, and family law practitioners have waited patiently for news as to when no-fault divorce will officially be implemented.
The government has now announced that no-fault divorce will officially be introduced on 6th April 2022.
What is no fault divorce?
Under the current law, in order to obtain a divorce you must prove that your marriage has irretrievably broken down based on one of five factors:-
- Adultery
- Unreasonable behaviour
- 2 years separation with consent
- 5 years separation without consent
- Desertion for a period exceeding 2 years
Post 6th April 2022 those who seek a divorce will not have to wait a period of 2 or 5 years or base their application on their spouses behaviour or adultery, instead they can simply apply for the divorce without having to lay blame on their spouse. This can help reduce the emotion and conflict between parties during an already difficult process, and allow parties to look ahead and move forward more amicably.
Why the delay?
The government has been busy reforming the process of obtaining a divorce, and have implemented a new online platform to make it quicker, and easier to obtain a divorce. As a result of this the government intend on focusing on streamlining this process before the implementation of no fault divorce.
The implementation of no-fault divorce is welcomed by family solicitors and those who are considering their options following the breakdown of their relationship. Whilst it is frustrating that the reality of no-fault divorce is still some 10 months away, it allows us as family practitioners to advise our client’s with the certainty they deserve.
At Machins we provide pragmatic solutions for parties who need help navigating their relationship breakdown, whether that be now, or in the future.