No-Fault Divorce Due 6th April 2022

The highly anticipated “no-fault” divorce, which passed through parliament in June 2020 is due to become law on 6th April 2022. The legislation will change this area of law for the first time since 1973.

As a result of the legislation, separating couples can get a divorce, civil partnership dissolution, or legal separation without having to blame each other for the breakdown of their relationship.

The new Divorce, Dissolution and Separation bill brings in new legislation, which family law solicitors and legal professionals have campaigned for for over 30 years.

Current Divorce Law

Currently in the UK the law states there is only one ground for divorce, which is that the marriage has “irretrievably broken down” and must be proven by 1 of the following 5 facts:

  • Unreasonable Behaviour
  • Adultery
  • Living apart for 5 years
  • Living apart for 2 years (and both partners agree to the divorce)
  • Desertion

This law has been criticised for many years. Family law solicitors and legal professionals have campaigned to make changes because they felt the law was out of date and not an accurate representation of the current social norms. For example, this approach to divorce does not cater for couples who have simply fallen out of love with each other and no longer wish to be married, without waiting for a lengthy period after separation.

Under the current law, an element of blame must be put on the receiving party of the application, which has been known to add unnecessary hostility, conflict, and stress to an already difficult situation.

“No-Fault” Divorce Law April 2022

The new divorce reforms will change the way couples apply for a divorce. Whilst there will still only be one ground for divorce, the new legislation will change how this ground is established. The need to evidence unreasonable behaviour, adultery or desertion will no longer be required. Instead, one or both parties must provide a statement of irretrievable breakdown to the Courts.

The Divorce, Dissolution and Separation Bill, which welcomes ‘no-fault’ divorce will:

  • Keep the one ground for divorce
  • Replace the ‘five reasons’ with a new requirement to provide a statement of irretrievable breakdown
  • Remove the possibility of contesting the divorce
  • Introduce an option for a join application
  • Update the divorce language to be in plain English. For example, changing ‘decree nisi’ to conditional order and ‘decree absolute’ to final order.

These changes will also apply to the dissolution of civil partnership.

Our Head of Divorce and Family Law, Noelle Heath said, “As a member of Resolution I support the Divorce, Dissolution and Separation bill introducing ‘no-fault’ divorces. This will help reduce unnecessary conflict between separating couples”

Divorce & Family Law Solicitors

Morrish Solicitors is a long-established law firm based in West Yorkshire providing a range of legal services to private clients, Trade Unions, Associations, and their members both regionally and nationally. Our experienced team of Divorce and Family Law Solicitors understand the emotional and financial strain family matters can have on the whole family. We’re here to support you by considering the needs of your entire family and provide clear, honest, and professional legal advice with compassion and sympathy.

Our specialist divorce and family law team can advise you on a range of family/matrimonial matters including:

If you would like legal advice on any of the above matters, please contact our experienced Divorce and Family law team on 033 3344 9600 or simply email [email protected] with your request.

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