No-fault divorce is finally coming to the UK in autumn 2021
It’s been a long process, but laws permitting divorce without blaming one party have finally passed through Parliament. Let’s find out more.
You may have read in the news that no-fault divorce is finally coming to the UK, bringing it in-line with most of the Western world. At Couchman Hanson, we have written extensively about no-fault divorce and its journey through Parliament. You can read an article about it here.
Now no-fault divorce is finally on the horizon, let’s look at it in more detail. What is it? When is it happening? What are the benefits for you?
No-fault divorce is coming
Legislation around no-fault divorce is part of the Divorce, Dissolution and Separation Bill. The Bill has passed through Parliament, receiving Royal Assent on June 25th.
Unfortunately, couples seeking to make use of the new laws will not be able to until autumn 2021. The Government has said that it needs time to implement the rules carefully, getting the right infrastructure in place. This infrastructure includes an online portal where divorcing couples can manage the process.
Nevertheless, the passing of the Bill has been welcomed by family lawyers and other experts. The existing laws had become extremely outdated, especially compared to other Western liberal democracies.
What will change?
At the moment, if a couple wants to divorce without going through a separation period of at least two years, the law demands one party to place ‘blame’ on the other. The other party then needs to accept this blame and consent to divorce. If the other party does not accept responsibility, the separation period extends to at least five years.
From autumn 2021:
Both parties can apply for a divorce together. They will be able to say that their marriage has broken down irretrievably.
Couples must wait for 26 weeks for their divorce to be finalised.
Spouses will no longer need to separate for two years before they can legally divorce.
One party will not have to show evidence of the other party’s unreasonable behaviour, such as adultery or desertion.
Neither party will be able to contest a divorce.
A divorce carried out in this way is known as a ‘no-fault divorce’, as no blame is apportioned on either party.
We will also see a change in the terminology of the divorce process. What was ‘decree nisi’ will now be known as ‘conditional order’, ‘decree absolute’ will be called a ‘final order’, while ‘petitioners’ will now be called ‘applicants’.
Benefits of no-fault divorce
There are many benefits to being able to get a divorce without citing a fault with one party.
Firstly, it ends the ‘blame game’. Having to bear the blame for being the cause of a divorce can place a significant strain on whoever does it.
Secondly, having to apportion blame leads to more acrimony and stress. Amicable divorces will be much more likely under the new system. This is essential, especially if there are children involved.
Finally, no-fault divorces will be faster and cheaper. Couples will only have to wait six months for their divorce to be finalised. It should also make time-consuming, costly legal processes much less common.
All in all, no-fault divorces are more civilised and allow both parties to complete the process with their dignity intact.
Find out more from Couchman Hanson
While we welcome the new law that is coming in, we are also conscious that no-fault divorce will not be available for couples until autumn 2021. You may be in a position where you cannot wait that long.
At Couchman Hanson, we can help you achieve an amicable divorce, even under the current system. If you would like to discuss your options with our experienced family law team, it’s time to pick up the phone.
Our solicitors genuinely care about getting the best outcome for you. We’re highly professional, with ‘city’ level talent and experience, but also friendly and welcoming. Everything we do fits with our values of integrity, honesty and authenticity.
Call 01428 722189 or email enquiries@couchmanhanson.co.uk