No Fault Divorce – Long-awaited change in the law
No Fault Divorce is Here (well, nearly)
On 6th April 2022 a long-awaited change will happen with regard to how couples are able to get divorced in this country.
No longer will it be necessary to separate and then wait for at least two years, or for one spouse to blame the other by relying on the other’s adultery or behaviour. Instead, a couple will be able to obtain a divorce based on the breakdown of the marriage. Another change is that it will no longer be possible to defend the divorce.
Divorce is almost always a distressing time. Therefore, removing blame will hopefully reduce the risk of animosity and conflict.
The language will also be brought up to date. Instead of Decree Nisi and Decree Absolute, these words are being replaced with Conditional Order and Final Order. In addition, the Petitioner will become the Applicant (or Applicants, in the event of a joint application (please see below).
Frequently Asked Questions
- Will it be possible to apply for the divorce together?
Yes, for the first time it will be possible for spouses to make a joint application, thereby helping to promote communication and cooperation at a difficult time. Hopefully, this will continue when it comes to finding solutions to any issues concerning the children and the finances.
- Therefore, will it be possible to obtain a divorce more quickly?
Not necessarily, other than in exceptional circumstances, there is going to be a minimum period of 20 weeks between making the application and the Conditional Order being granted. This provides the opportunity for reflection and to try to resolve the important arrangements about the children and finances.
With another 6 weeks between the Conditional Order and the Final Order, the minimum period for obtaining a divorce is going to be at least 6 months. Currently, the divorce can be finalised within 3-4 months.
- What if the financial arrangements are not sorted out?
Where couples have yet to resolve the issue of how their finances are going to be dealt with, they may delay applying for the Final Order. This can be important, for example, if the family home is owned in just one of the couple’s name or there are pensions to be divided.
Generally, in most cases, it is advisable to have a court approved Order dealing with the financial arrangements, even where there is agreement as to what is to happen. Otherwise, the potential claims can remain open, with a risk that they are brought at some future date. At Kay & Pascoe we are pleased to see this change. As members of Resolution, we have supported and campaigned for “No Fault Divorce” for a very long time. We focus on finding solutions for our clients and do our best to avoid formal, contested court proceedings. Whenever possible, we encourage Dispute Resolution through Mediation and a Collaborative approach.
For a no-obligation initial preliminary discussion please call either:
Lee or Fiona on 01892 664348
Sharon or Tara on 01435 817060