Llanelli Star

In a weekly column, solicitor Juliet Phillips-James casts

Her expert eye over a range of legal matters and urges anyone with any questions or problems to come forward for help.

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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.

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