This post is sponsored by Ison Harrison Solicitors

After many years of campaigning and discussion by solicitors such as Ison Harrison, ‘no-fault divorce’ is going to stop the law putting divorcing couples up against one another. From April 2022, no-fault divorce is being introduced into English law as a means of legally separating two spouses.

How does the no-fault divorce differ from the current divorce process?

Currently, the person applying for a divorce can only do so on the grounds that the marriage has irretrievably broken down. To do that they must be able to show evidence of at least one of the five key facts:

• Adultery – that the other spouse has committed adultery and they find it intolerable to live with them.
• Unreasonable behaviour – that the other spouse has behaved in such a way that the petitioner can no longer reasonably be expected to live with them.
• Desertion – that the other spouse has deserted the petitioner for a minimum of two years.
• Separation: two years – that the two parties have lived separately for a continuous period of two years and both parties agree to the divorce.
• Separation: five years – that the two parties have lived separately for a continuous period of five years and one or both parties agree to the divorce.

A no-fault divorce removes the need to rely on these five facts and hopes to provide an easier route to a more amicable separation. Therefore, a couple can apply for a divorce without apportioning blame.

Shaun Hulme, partner at Ison Harrison, said:

“At present couples often find themselves relying upon trivial issues simply as a means to meet and surmount the legal test. Thinking of reasons can be quite hurtful to both parties.”

How does a no-fault divorce process work?

• One or both parties can make an application to the Court for a ‘Divorce Order’
• Within that application must be a statement to confirm that the marriage has irretrievably broken down
• There is then a minimum period of 20 weeks from the date of this application to the next stage of the divorce process. This is known as the ‘period of reflection’, designed to give couples time and space to consider their actions and whether they still wish to proceed
• Prior to a ‘Conditional Order’ (formerly known as the Decree Nisi) being issued, one or both of the parties must re-confirm that they still wish to separate
• Currently, there is a minimum period of six weeks and one day between the Decree Nisi (Conditional Order) and the Decree Absolute (Final Order) being issued, and this will remain in place.

What are the benefits expected from the no-fault divorce?

While there is a perception that divorce can be messy, antagonistic and bitter, many couples separate on amicable terms and certainly wish to maintain a positive relationship on the basis that their marriage simply ran its course on natural grounds. In such cases, the mood is sad and reflective, and couples mainly wish to divide assets and make arrangements for children in the most cordial way. This can happen, but increasingly it has been felt within the legal sector that having to apportion blame can create bad feeling and finger-pointing, where there isn’t necessarily any blame on either party. In other words, evidence of one of the ‘five facts’ can be hard to find, and these conditions have become outdated as ‘cover-all’ terms.

Ison Harrison Solicitors strongly support the long-overdue introduction of the no-fault divorce, and with vast experience of dealing with separating couples, we are confident the move will reduce the scope for disagreement.

To find out more about our expert family law services, visit www.isonharrison.co.uk/no-fault-divorce/ or call our Harrogate branch on 01423 228 111.

Laura’s Law is a monthly legal column, written by family lawyer, Laura Mounsey. Laura is a partner at Harrogate Family Law. She specialises in dealing with divorced couples and people who have been in abusive relationships. Her role involves protecting her clients’ assets and income if they want to live with someone or get married and resolving disagreements about children.

This week Laura advises on what you should be prepared for if you’re thinking of getting a divorce. 

Many people are terrified about getting divorced. The idea of splitting up, particularly when you have children, can be almost too painful to bear. It is one of the most difficult things to go through. I can’t pretend that it isn’t, but I do find that the more than people understand how to weather the storm, the better.

If you are thinking of getting a divorce, it is helpful to prepare yourself.

1.    Feeling like it will never end

It can take people a long time to decide that enough is enough, they need a divorce. In my experience, making that decision itself is a relief. However, that is the beginning and not the end. Often, it can feel like there is no light at the end of the tunnel once you have taken that first step. It can feel overwhelming, and sometimes it is difficult to hold your nerve.

However, I have seen that with the right team around you, you will get through it and often find yourself stronger than ever.

2.    Feeling like your friends have not stuck around

Many people tell me that just when they needed their friends to rally around them more than ever, they found them more distant than ever. Divorce can be very divisive with mutual friends. It can be painful to question whose side your friends are on. I find that they fear speaking up about how they feel. Often, people feel like they are having to fight over yet another thing – who gets to keep which friends.

You should remember that if you lose a few people along the way, this will only clear room for new positive and meaningful friendships.

3.    Feeling like your ex has become someone that you do not recognise

You may think that you know your soon-to-be-ex inside and out. However, divorce can make people behave in a way that you never even knew was possible. Many find that their ex goes into survival mode, rather than being on their side. This can leave you feeling vulnerable because you don’t feel able to trust your ex anymore, or know what to expect next.

It is important to accept that you will have your own agendas now, and you will need to find some common ground to reach an agreement that is fair to both of you.

4.    Feeling like you aren’t doing enough to protect your children

As a parent your instinct is to protect your child from being hurt. This can mean that you and your ex will go to extreme lengths to try to keep everything as normal as possible, but it can often feel like it is not enough. Many people feel very guilty, which is much more difficult to overcome if your ex won’t work with you. When you are trying to look after yourself too, this can leave you feeling drained.

Don’t feel bad if you find your children are struggling. This is normal. Support is there from friends, family, school and other professionals. You will not be alone.

Sound familiar?

Even if you are the person who is initiating the divorce, you will need to give yourself time to adjust to a new way of life and the loss of your previous one. Nobody enters into marriage expecting it to end and the fact that it is ending can bring with it feelings of failure, regret, guilt and loneliness. It can also feel scary and uncertain at times.

These are completely normal emotions to be experiencing and are part of a healthy healing process. You will need to re-discover yourself and re-gain control by setting some new personal and financial goals. Now is a time to try new hobbies, meet new people, do some things on your bucket list, treat yourself and get back to who you want to be.

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