{"id":12243,"date":"2022-03-25T11:14:31","date_gmt":"2022-03-25T11:14:31","guid":{"rendered":"https:\/\/agrlaw.co.uk\/?p=12243"},"modified":"2022-03-25T11:29:40","modified_gmt":"2022-03-25T11:29:40","slug":"no-fault-divorce-the-game-changer-for-couples-seeking-a-fresh-start","status":"publish","type":"post","link":"https:\/\/agrlaw.co.uk\/no-fault-divorce-the-game-changer-for-couples-seeking-a-fresh-start\/","title":{"rendered":"No-fault divorce \u2013 the game changer for couples seeking a fresh start"},"content":{"rendered":"

Back in March 2021, our blog\u00a0\u2018No-fault divorce \u2013 untying the knot without playing the blame game\u2019<\/a>\u00a0talked about the long-awaited reforms being made to English and Welsh divorce law.<\/p>\n

We explained how the campaign to modernise divorce and separation proceedings through the Divorce, Dissolution and Separation Bill had run for several years. Championed by Resolution, the community of family justice professionals of which AGR Law is a member, Royal assent was granted in June 2020 and the new law will come into force on 06 April 2022. It\u2019s the biggest reform of divorce law in almost 50 years.<\/p>\n

The main changes were:<\/strong><\/span><\/p>\n\n\n\n\n\n\n\n\n\n\n
Prior to no-fault divorce<\/strong><\/span><\/td>\nNow<\/strong><\/span><\/td>\n<\/tr>\n
A reason for divorce would have been cited, blame apportioned (and in some cases evidence required) even if the spouses are on amicable terms<\/td>\nCouples can now legally separate without assigning blame to either party for their relationship breaking down. Evidence is no longer required. Domestic abuse victims will no longer have to produce statements and revisit the trauma they suffered<\/td>\n<\/tr>\n
Apportioning blame often created unnecessary bitterness and resentment from the very beginning of the divorce process <\/p>\n

 <\/td>\n

The process will now be less damaging to divorcing couples and their families as confrontation will be minimised and talks more constructive. This will allow them to focus on more important areas, such as children and finances<\/td>\n<\/tr>\n
One spouse needs to issue divorce proceedings against the other<\/td>\nCouples now have the option of making a joint divorce application<\/td>\n<\/tr>\n
One or more of the following five reasons (also known as \u2018facts\u2019) had to be given as proof that the marriage has broken down: adultery, unreasonable behaviour, desertion or separated for two (if both agree to divorce) or five years (if one disagrees)<\/td>\nDivorce will now be more reflective of why modern marriages fail. Going forward, couples only need to produce a statement saying that the marriage has broken down irretrievably<\/td>\n<\/tr>\n
The language used was outdated and unclear<\/td>\nTerms will be simpler: <\/p>\n
    \n
  • The \u2018petitioner\u2019 will be called the \u2018applicant\u2019<\/li>\n
  • The \u2018decree nisi\u2019 will be called a \u2018conditional order\u2019<\/li>\n
  • The \u2018decree absolute\u2019 will be called a \u2018final order\u2019<\/li>\n<\/ul>\n<\/td>\n<\/tr>\n
Divorces typically take three to four months minimum if they are straight forward and both parties agree to terms. Delays, errors, contesting and overburdened courts often meant divorcing took much longer <\/p>\n

 <\/td>\n

A period of reflection has been introduced to allow couples more time to consider their decision. It will begin on the date of application and last a minimum of 20 weeks when the conditional order can be made. There will then be at least six weeks between the conditional order and final order<\/td>\n<\/tr>\n
One party begins proceedings and their spouse can contest the reasons<\/td>\nThe concept of contesting a divorce has been removed<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

What is the new no-fault divorce process?<\/strong><\/span><\/p>\n

Broadly speaking:<\/p>\n