Yesterday, we were pleased to learn that the new No-Fault Divorce Bill has finished its journey through Parliament and even though the new legislation will not be accessible until autumn 2021, this marks a significant change in the law.
Divorce is often a challenging and emotional process, and for decades, couples in England and Wales have had to assign blame or endure long periods of separation before legally ending their marriage. However, with the introduction of No-Fault Divorce, the law is evolving to make the process more straightforward and less contentious.
Update April 2022: This Blog was written in June 2020. Since then we are happy to share that the No-Fault Legislation has been passed and implemented. So that you better understand No-Fault Divorce we encourage you to read this Blog but also visit our No-Fault Divorce Services page by clicking on the link below.
What is a No-Fault Divorce?
A No-Fault Divorce is a legal process that allows couples to dissolve their marriage without the need to attribute blame to either party. Under previous laws, one spouse had to prove fault – such as adultery or unreasonable behaviour – or wait years to file for divorce based on separation. This often led to unnecessary conflict and making it harder for couples to part amicably.
With the new No-Fault Divorce legislation, a spouse (or both spouses jointly) can now simply state that the marriage has broken down irretrievably. There is no longer a need to provide evidence of wrongdoing or live apart for a set period. The goal of this reform is to reduce hostility, make the process more dignified, and allow couples to focus on a constructive resolution, particularly when children are involved.
What is the Current Divorce Legislation?
Presently, at time of writing, the law requires that any person seeking a divorce must satisfy the Court that their marriage has broken down “irretrievably”. However, in order to prove this, they must rely on one of five “facts” as set out in S1 (2) of the Matrimonial Causes Act 1973 which are as follows:
- That the Respondent has committed adultery and the Petitioner finds it intolerable to live with them;
- That the Respondent has behaved in such a way that the Petitioner cannot be reasonably be expected to live with them;
- That the Respondent has deserted the Petitioner for a continuous period of at least two years;
- That the parties have lived apart for a continuous period of at least two years and the Respondent consents to the divorce being granted; and
- That the parties have lived apart for a continuous period of at least five years.
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No-Fault Divorce Legislation
The current legislation means that in situations where couples decide to separate by mutual consent and neither has committed adultery or behaved in a way that the other cannot be reasonably expected to live with them, they are unable to petition for a divorce during the first two years of their separation. This means that if an individual wishes to divorce earlier than two years they are more likely to rely on an “unreasonable behaviour” fact even if this is not the reason for the marital breakdown. Unsurprisingly, this can cause significant acrimony between couples and can often make it much more difficult for couples to reach an agreement amicably. It also can have a devastating impact on any children of the family.
It is therefore not surprising that family practitioners have been campaigning for a change in the law for the past 30 years and the introduction of the new legislation brings divorce law into the 21st century. We have read with admiration the lengths family practitioners have gone to over the years to try and implement change and update the law relating to divorce which is now over 50 years old.
What Does the New No-Fault Legislation Mean for Divorcing Couples?
The new legislation will mean that individuals can give notice that the marriage has broken down irretrievably but there is no requirement to rely on one of the ‘fault’ based grounds, as set out above. The new legislation will allow for a period of six months reflection. If, after six months, both partners are of the view that they are making the right decision, the divorce will be finalised.
Hopefully, the new legislation will increase couple’s chances of a successful resolution which does not involve Court proceedings and we are looking forward to the new legislation being implemented and advising Client’s accordingly.
To get a divorce in the UK, you must have been married for at least one year and show that your marriage has irretrievably broken down. This is done by providing a legal reason (or “fact”) for the breakdown, such as adultery, unreasonable behaviour, desertion, or separation for a specific period.
Financial settlements cover the division of assets, property, pensions, and spousal maintenance. If spouses cannot reach an agreement privately or through mediation, the court can decide how assets should be fairly distributed based on factors such as income, needs, and contributions to the marriage.
When parents separate, decisions must be made about where children will live and how much time they will spend with each parent. Courts prioritise the child’s best interests and encourage parents to agree amicably, but if disputes arise, a Child Arrangements Order may be necessary.
Contact us for advice from our Divorce Solicitors in Yorkshire
If you require any advice about obtaining a divorce then please do not hesitate to contact us at any of our Yorkshire based offices where one of our team will discuss you requirements with you and make you an appointment with one of our expert family law solicitors.
The content of this blog post is for information only and does not constitute formal legal advice and should not be relied upon as advice. Thornton Jones Solicitors Limited accepts no liability for any such reliance upon this content. Where the post includes links to external websites, Thornton Jones Solicitors Limited accepts no responsibility for the content of such sites. Any link to a third-party website should not be construed as endorsement by Thornton Jones Solicitors Limited of any content, products or services which are outside our direct control.
