Solicitors welcome the end to 'blame games' in divorce cases

As the most fundamental changes to the divorce law in almost 40 years will be implemented on 6 April 2022, solicitors at The Wilkes Partnership have explained why the changes will put an end to the common 'blame game' in these kinds of legal battles.

The new Divorce, Dissolution and Separation Act 2020 will see that divorces can be started without one spouse having to blame the other or the need to wait for 2 or 5 years to elapse from the date parties separate.

People 's attitudes to marriage and divorce have changed considerably since 1973 when the current divorce laws were introduced. The new no fault divorce law aims to reduce potential conflict by stopping the parties apportioning blame which can exacerbate an already difficult and stressful situation. It is hoped that the new Act will increase the possibility of parties resolving matters more amicably.

Under the current law parties can only apply for a divorce if they can prove to the court that the marriage has irretrievably broken down by relying on one of five different facts including unreasonable behaviour, adultery and living apart for 2 years. Reliance on these facts has given rise to a blame game or a situation where parties simply cannot move on with their lives.

At the moment only one spouse can apply for a divorce and divorces can be defended.

From 6 April 2022 all that will be required to start divorce proceedings is for either one or both spouses to file a statement with the court saying that the marriage has irretrievably broken down. This statement will be conclusive evidence that the marriage has broken down and the divorce will proceed.

It will no longer be possible to defend a divorce except in very specific situations, eg: if you wish to challenge the validity of the marriage.

The new system will apply to both marriages and civil partnerships.

Just like the current system you cannot apply for a divorce until you have been married for a year.

It may take slightly longer to obtain a divorce under the new system as it will take a minimum of 6 months to obtain a divorce. The new system however will be simpler. There will be a “cooling off ” period of 20 weeks after the initial application has been made during which time it is hoped the parties will reflect upon their decision to divorce. Parties may consider attending counselling, or may even reconcile; they will also have time to think about arrangements for children and financial matters.

After 20 weeks it will be possible to apply for a conditional order and after 6 weeks a final order can be applied for.

The specialist family law team at The Wilkes Partnership are all members of Resolution and aim to resolve matters in a conciliatory and constructive way.

Please contact them if your require assistance - www.wilkes.co.uk