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.