NEW  -  NO FAULT DIVORCENEW  -  NO FAULT DIVORCENEW  -  NO FAULT DIVORCENEW  -  NO FAULT DIVORCENEW  -  NO FAULT DIVORCENEW  -  NO FAULT DIVORCENEW  -  NO FAULT DIVORCENEW  -  NO FAULT DIVORCE

NEW - NO FAULT DIVORCE

Wednesday 2 March 2022

 

Family Team Bulletin

Divorce, Dissolution and Separation Bill 2020

This will receive Royal Assent on 6th April 2022 and introduces No Fault Divorce for the first time in England and Wales

How will no-fault divorce work?

The Bill which introduces no-fault divorce will:

  • Keep the sole ground of irretrievable breakdown of the relationship
  • Remove the requirement to establish one or more facts to prove irretrievable breakdown – adultery, unreasonable behaviour, desertion, separation on 2 years or 5 years.
  • Introduce joint applications where the couple both agrees that the relationship has irretrievably broken down (applicants will still be able to submit a sole application if their partner does not agree)
  • Remove the ability to contest a divorce, dissolution or separation
  • Introduce a new minimum period of 20 weeks from the start of proceedings to when the ‘Conditional Order’ can be made
  • Keep the 6 week period between the Conditional Order and when the Final Order can be made

What no-fault divorce means for separating couples

  • No more blame
  • If both parties agree, they will be able to make a joint application for divorce or dissolution, allowing them to have a completely amicable separation
  • No one will need to worry about their partner contesting the divorce or dissolution and forcing them to go to court, saving considerable time, costs and stress
  • With the new time scales, most couples will have to wait about 6 months for their divorce or dissolution to finalise. This time is intended to be a period of reflection for both parties to consider whether they truly want to separate 
  • During this time, couples still need to make separate arrangements to:
    • Divide their finances
    • Agree to maintenance payments (if necessary)
    • Sort out child residence/contact
    • Agree on an ongoing parenting plan

 If you are thinking of separating/obtaining a divorce/dissolution you may  want to seek expert advice before this law comes into effect.

 Please contact our family team for an initial consultation

 Familyteam@goughs-solicitors.com

 

Whitehaven 01946 692461

Workington  01900 874010

Meet our Team

Our Solicitors and Legal Executives pride themselves in the knowledge that the majority of their clients come to them because of their professional and client focused reputation.

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