April 2022 marks the beginning of a major turning point within family law. The Courts have now introduced ‘no fault divorce’ now aimed at reducing conflict between separating couples, essentially.ending the ‘blame game’. The Divorce, Dissolution and Separation Act 2020 aims to reduce the impact that allegations of blame can have on separating couples, and in particular, children.

 

What will the new changes mean?

1. Changes remove unnecessary conflict to ease stress on couples and children
2. New minimum wait of 20 weeks between application and conditional order of divorce. This will allow couples to move on with their lives and reduce ongoing conflict. This period of reflection may also give couples an opportunity to reflect and work through their differences before committing to a divorce or civil partnership dissolution.
3. Will allow couples to replace the five grounds of divorce and allows divorce without assigning fault.
   Under the Matrimonial Causes Act 1973, the 5 grounds to prove the irretrievable breakdown of a marriage was:
   • Adultery
   • Unreasonable behaviour
   • Desertion
   • Two year separation without consent
   • Five year separation
4. It removes the possibility of contesting the divorce; instead of having to attribute blame to one party, a couple can mutually cite ‘irretrievable breakdown’ as the sole ground for wanting to obtain a divorce
5. Introduces an option for a joint application
6. Money saving potential; courts are expensive. As a result of this reform, couples are now able to save money and benefit from having extra resources later on to secure agreements on finances, childcare etc.
7. Terminology that is easier to understand e.g. the term ‘decree nisi’ and ‘decree absolute’ are being replaced with ‘conditional divorce order’ and ‘final divorce order’.
8. Divorce applications can now be made online meaning the postal delays can be avoided altogether.
9. Overall, the changes are expected to be positive (both psychologically and financially). Some have even gone on to state that the changes are ‘modest’; arguably the system is finally treating people as adults. Contact us on 0208 159 2888 or email us at info@shawstoneassociates.com for further information and swift support in your divorce application.