'No fault ' divorces to be available within months - law firm

Married couples will soon be able to divorce with a minimum of confrontation, less stress and the least upset possible for children, according to Thursfields Solicitors.

An expert at the leading Midlands law firm has highlighted that 'no fault ' divorces should be available within months, assuming the legislation timetable is kept to.

Hannah Nicholls, an associate director in the Family Law department at Thursfields, was referring to the Divorce, Dissolution and Separation Bill which gained Royal assent on 26 June 2020 and is expected to be implemented this autumn.

Ms Nicholls (pictured) said: “The campaign for 'no fault ' divorce was a lengthy one in which family justice professionals pioneered for change in draconian laws surrounding divorce.

“Those laws currently mean that unless a couple wish to remain separated for two years (if both parties consent to the divorce) or five years (if one party will not consent), then one party must apportion blame to the other.

“They have to show the court that the marriage has irretrievably broken down because either one party has committed adultery, or has behaved so badly that the other cannot reasonably be expected to continue to live with them. ”

The campaign for change was spearheaded by Resolution, an organisation for family lawyers who commit to a code of practice which focuses them to resolve matters in a constructive and non-confrontational way.

The resulting 'no fault ' divorce legislation means the so-called 'blame game ' will soon come to an end and hopefully make the divorce process less hostile, and less stressful.

Ms Nicholls said: “This will particularly be the case for those couples who are parting on an amicable basis and have chosen to go their separate ways without a particular cause.

“It will also benefit children within separating families due to the minimisation of conflict, removing unnecessary conflict and damage to families.

“Spouses will apply for a 'divorce order ', and the process will allow one spouse to apply or for both to jointly apply for the divorce.

“They will make a statement of irretrievable breakdown instead of relying on a specific fact. ”

She said the process would not necessarily be quicker, as the reform will see a new 20-week period between the initial petition and a conditional order to allow the parties to reflect and be absolutely certain that they want a divorce.

A conditional order will not be made final until at least six weeks have passed, and the exact timing will still depend upon when the parties agree financial matters, as people are often advised to wait for a binding financial before making their divorce final.

Ms Nicholls added: “The new process will not make a difference to how finances are dealt with on divorce, as that process will remain the same.

“However, the 20-week period described above will allow parties to a divorce to make progress on reaching a financial settlement.

“That process will not necessarily be cheaper, but with less hostility the process may be more streamlined and amicable than before. ”