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.
Raworths family law experts have this key advice if you’re going through a divorce
This article is sponsored by Raworths Solicitors.
Going through a divorce is a challenging time for everyone involved. Despite the best intentions at the outset to be civil, the mood can quickly become acrimonious and antagonistic, which makes the whole process unpleasant, drawn out – and more costly.
The family law team at Raworths has been working with families for decades, offering support and expertise to ensure the divorce process meets everyone’s objectives without unnecessary conflict or cost.
Solicitors Carmelita Ardren, head of the family law team and Ellie Foster, legal director, have guided many through the emotionally charged process of divorce. In an increasingly digital era they are encouraging those getting a divorce, or going through the process to consider their digital footprint and to…
Think before you click.
The use of social media to investigate an estranged spouse during divorce is increasing.
Carmelita said:
“Using social media posts to show the other person’s behaviour can rapidly increase the temperature in divorce proceedings, lead to acrimony, and make things very difficult.
“My rule would be to think really carefully about how what you post online could be interpreted by the other person – and others in your community.”
Ellie added:
“I’ve seen times where social media posts show that one person’s lifestyle is very different to the message they’re saying elsewhere, for example to their solicitor.
“Rather than being open and transparent, it just arouses suspicion from day one and immediately leads to mistrust.”
So what are some of the key areas to avoid when posting on social media during a divorce?
- New relationships. Especially if one person has moved on more quickly than the other, it can cause unnecessary distress.
- Anything that’s different to what you’re saying elsewhere. As Carmelita says, “If you’re claiming you can’t work because of ill health, don’t post about completing a half-marathon. It sounds obvious, but it happens.”
- Anything illegal. Publicising details of proceedings or arrangements, especially involving children, can be against the law.
Carmelita and Ellie stress that staying as civil as possible throughout the divorce is beneficial for everyone – especially where children are involved.
Ellie said:
“It’s so easy for comments posted on social media about your partner to get back to your children, through their own friends and parents. Think about the potential effect on them before you post.”
And as Carmelita points out, it’s not just about young children:
“You might be friends with your teen or adult children on social media. Think about your privacy settings and how details of new relationships or complaints about their other parent could raise questions or make children very uncomfortable.
“Also remember that you aren’t just in your children’s lives until they are 18; you’ll still have to come into contact with the other parent at weddings, christenings and other events beyond them turning 18.”
If you’re going through a divorce and see something on social media that you think could help your case, the advice is to get advice.
As Ellie puts it,
“Don’t set out to dig things up on your ex, it’s generally not helpful. But if you do come across something you think is important, don’t share it with the entire community, talk through its relevance with your solicitor.”
Carmelita added:
“You might think it’s the lynchpin. While it might be key in disproving credibility, nine times out of ten it’s not. Diving straight in can complicate things and cause unnecessary conflict.”
The Raworths family law team put the client at the centre of their approach, offering support and guidance to help people move forwards. They can also assist you in accessing other services from counselling to financial advice.