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NEW – NO FAULT DIVORCE

Wednesday 2 March 2022

Family Team Bulletin

Divorce, Dissolution and Separation Bill 2020

This will receive Royal Assent on 6^th 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