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
Whitehaven 01946 692461
Workington 01900 874010
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