No-fault divorce on way
Family lawyer Peter Morris guides you through one of the biggest reforms in his field for 50 years
No fault divorce is set to come into place in England and Wales in April, following the biggest reform of divorce law in almost 50 years.
The Divorce, Dissolution and Separation Act 2020 will come into effect on 6 April and will remove the need for one spouse or civil partner to apportion blame, allowing both parties to jointly make an application for divorce or dissolution of civil partnership.
The change comes following decades of campaigning by groups hoping to achieve a more positive approach to family law issues.
One such campaigner was Peter Morris, who heads the Family Law team at the Leeds office of leading UK law firm Shoosmiths.
Peter, who has practiced family law for more than 25 years, with most of his career spent in his native Yorkshire, believes the current legislation set out in 1973, is “convoluted” and often viewed as “archaic”.
Peter says: “The problem that is caused by the current law, if people want to divorce quickly, the only way forward is to allege fault on the other party, whether that is adultery or, more commonly, unreasonable behaviour.
He adds: “Because one of the parties has to make allegations about the other, that turns up the temperature in the case.
“At a time when two people are going through a really difficult situation – one of the worst in their lives – they are having to think about allegations of behaviour and that can create hostility, sometimes when none exists.”
Currently, the only basis for divorce or dissolution is to establish that the relationship has broken down irretrievably as a result of one of five facts: adultery; unreasonable behaviour; desertion; the couple has lived separately for two years, with both consenting to divorce or dissolution; or the couple has lived separately for five years without such consent.
Under the new law, irretrievable breakdown will remain the sole reason for divorce or dissolution, but the requirement to give a reason will be removed.
Couples will therefore be able to make a joint application where they both agree the relationship has broken down or, alternatively, one partner can apply.
This will allow the divorce or dissolution proceedings to be less confrontational, to focus more on the important issues, and to result in lower legal expenses. Peter, who was recognised as a Leading Individual in the Legal 500 for 2022, added: “Hopefully, the net effect of all of that will be to first of all enable couples to deal with the process in a way which is more dignified. “(The law change) will enable them to focus on the important aspects, such as children’s arrangements and financial arrangements, in a way that is more constructive and more amicable.”
There will be a minimum of 20 weeks between issuing and reaching the first stage of the proceedings to give couples a period of reflection and to explore the possibility of reconciliation.
According to the latest figures from the Office for National Statistics, the average duration of a marriage at the time of divorce is 12.3 years for opposite-sex couples.
Shoosmiths, which has 14 office locations and more than 1,400 clients on its books, advises that maintaining a positive relationship with an ex-partner and their wider family should be a priority during divorce or dissolution proceedings, and will have benefits for the children involved, but this can often be ruined by the legal process or by the wrong approach being taken by a lawyer.
As a result, the firm provides an initial interview for couples with no cost or obligation to set out their options. Clients can then choose the approach which best suits their needs.
When considering a divorce or dissolution, Peter stresses the importance of keeping lines of communication between both parties open, and that – although it is important to seek advice early – people should not rush into things.
“When you take advice, make sure your lawyer advises about the different models that are available and pick the one that is for you,” he maintains.
“There is ‘no one size fits all’, and a good lawyer will tell you first of all what the range of outcomes could be – whether that is what the financial arrangements will look like, or what is likely to work well for the family regarding arrangements for children.
“Couples should also ask them about the different ways to get there. That could be solicitor negotiation or a process of alternative dispute resolution, and the many and various forms that can take, such as family mediation or arbitration.”
Peter also advises to make sure the lawyer involved provides the clearest information possible in regard to legal costs.
Additional considerations include the different tax rules that apply, depending on whether the couple is married, separated or divorced. Tax advantages may only apply in the tax year of separation and so it is important to take action before 5 April.
Shoosmiths provides its clients with additional support, including a dedicated in-house counselling team, and other legal expertise for issues such as updating Wills.
Peter adds: “Our clients get the benefits of dealing with a full-service law firm, whatever the legal need the client has.
“We can provide a level of service which we think is second to none, and client relationships are at the heart of everything we do as a firm.”
■ For an initial free consultation and to find out about Shoosmiths’ fixed fee divorce, or to find out more about the law firm’s relationship coaching service, telephone 03700 868 686.