01633 244233 Contact us

08 Feb 2022

Family & Matrimonial

Will ‘No-fault divorce’ law bring an end to the blame game?

2022 will be a historic year in family law with England and Wales’ new ‘No-Fault Divorce’ law coming into effect this spring. Described by the Law Society as “bringing UK divorce law into the 21st century,” the new law is being welcomed as a huge step forward and yet many people do not know what the changes will mean. Senior associate in our Family Law department, Leah Thomas, explains why this development represents such a huge landmark for separating couples, and looks ahead to other changes we can expect to see introduced in family law this year.

After years of campaigning for the divorce process in England and Wales to be changed, a major reform is finally underway to remove the concept of fault and the need to blame one of the parties.

It is the biggest reform to divorce law in 50 years and will mark a real moment in history when the bill becomes law on 6 April 2022.

Although the bill will change the way people divorce in England and Wales forever, it seems that many people are not aware of the changes, with a recent survey showing that nine out of 10 UK adults don’t understand what the changes mean. To avoid any confusion, we’ve outlined the key facts here:

Couples can make a joint application for divorce

Proceedings no longer have to be initiated by one partner alone, which will hopefully help to remove the in-built imbalance that so often undermines couples’ attempts to split amicably.

No Fault divorces will take at least six months

The law lays down a minimum allowable period of 20 weeks between the initial application and the conditional order, and another six weeks between the conditional and final orders, meaning that even the smoothest divorce will take at least six months to complete, compared with the current timeframe of three to five months.  In reality though, the Courts are taking more like 6-9 months to process divorce applications in any event, so it will be interesting to see how that compares with the no fault timeline, when they are in force.

Divorce can be granted without blame

The current list of five permissible ways to prove the breakdown of marriage has been replaced by a single mechanism. One spouse has to provide a legal statement to say the marriage has broken down irretrievably and this counts as conclusive evidence and cannot be contested.

The new law will also make sure all language is in plain English, for example, ‘decree nisi’ will be changed to ‘conditional order’, ‘decree absolute’ to ‘final order’ and the ‘petitioner’ will now be the ‘applicant’. These changes will also apply to the dissolution of civil partnerships.

Here at Harding Evans, we very much welcome this less contentious approach to divorce proceedings and feel that the changes are long overdue. The current law is outdated and reflects neither modern attitudes towards marriage nor the reality of modern-day divorces, many of which are entered into and ended mutually, without any fault attributed to either side.

As well as reducing unnecessary conflict and simplifying current practices, the no-fault divorce law will hopefully mean a more civilised, dignified divorce process. Needing or wanting to blame often creates increased animosity and an unnecessary distraction when the focus should be on reaching a resolution on the important issues, such as their children, property and finances, as quickly and painlessly as possible.

The new law will also have the added benefit of not allowing domestic abusers to exercise coercive control and trap a spouse in a marriage for five years, by contesting it.

So what else is changing in family law this year?

  • Out of court dispute resolution

With large volumes of cases and limited resources to hear them, pressures on the family court system worsened through the Covid pandemic and the courts largely switched to hearing cases online. Although they are now hearing some cases in person, there can often be long delays in between hearings which means that proceedings can take years rather than months to complete.

Over the next twelve months, we expect to see a continued increase in the use of out of court resolution options, such as mediation, collaborative process, arbitration and private hearings, in order to avoid the court system.

  • A new approach to parental resolution

Another change we are expecting to see in 2022 is the way in which the family justice system deals with parental disputes over arrangements for their children. A new approach to parental resolution to children disputes is being piloted this year in North Wales and Dorset and aims to develop a new, more investigative approach. It will promote all forms of non-court dispute resolution, a less adversarial approach at court hearings, the development of a ‘child impact’ statement, so that parents can see from the child what impact the proceedings are having on them, and the facilitation of more court reviews post-final order, to reduce the number of returning cases.

The pilot areas will also develop the concept of a ‘Family Hub’ which will operate separately from the court and to which families will be directed as the first port of call, rather than issuing a court application. The aim of the Family Hub is to be a co-ordinating focus for the various local agencies and organisations who might be involved in supporting families at a time of breakdown. If these pilots succeed, we can expect the changes to be rolled out nationwide at the earliest opportunity.

Get in touch

Leah Thomas is a senior associate solicitor in our Family & Matrimonial department at Harding Evans and knows how stressful and emotionally draining any legal proceedings involving your family can be. Our expert and friendly team can advise you on all aspects of family law. For a confidential discussion about your situation, please contact the Family Law team on 01633 244233 or email hello@hevans.com.

 

 

Share post