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Q
On April 6, 2022, the “no fault divorce” will come into force. What are the key changes? How will this effect prospective divorcees?
AThe introduction of “no fault divorce” in England and Wales will bring significant changes to the mechanics of divorce proceedings and the dissolution of civil partnerships moving forward. The main changes being made are: You will no longer be required to prove one of the “five facts” to evidence irretrievable breakdown, which are currently: adultery; unreasonable behaviour; desertion; two years separation with consent and; separation for five years. The only requirement under the new provisions is that a statement of irretrievable breakdown must be provided by simply stating that the marriage has broken down irretrievably.
Under these new provisions, it limits even further the possibility of a contested divorce and introduces the option of a joint application.
The reforms also bring about a change in the language used during proceedings. For example, instead of the archaic language used such as decree nisi and decree absolute, it will be changed to conditional order and final order.
It is expected that this change in law will reduce the likelihood of conflict as it will remove the concept of allocating fault in a divorce as neither of the parties will be required to “point the finger” at the other to establish wrongdoing. The main objectives of the reforms is to shorten proceeding and to encourage amicability between the parties.
Whilst the law on divorce proceedings is changing, there is no planned changes to the law in relation to the settlement of matrimonial finances and child arrangements. These proceedings can still be very complicated and obtaining early legal advice is strongly advised.
If you require any help or advice in respect of a divorce or other family law matters, please call us on 01554 755101 to arrange a free 30-minute appointment with our experienced Family Law team.