The Government has finally set the date when No Fault Divorce will come into effect – disappointingly it is not until 6 April 2022 when previous indications had been it would be with us around now, in the Autumn of 2021.
The Ministry of Justice has said the extra time is to update the online divorce process that now deals with the majority of petitions issued.
Whilst it is good news that we have the date now, we have had to contact a few of our clients who had decided to wait for the new procedure and so had anticipated getting that underway this year. One way or another, the delay will have a major impact on them as either they will have to continue to put their lives on hold or potentially a “fault based” petition will be issued.
Previous Legal Lines have highlighted the long campaign by Family Lawyers and other professionals who work in the family law field, to have No Fault Divorce be made into law.
In particular, that the main focus of a divorcing couple should be on establishing their ongoing co-parenting arrangements for their children and seeking an agreed outcome to their financial division.
Starting that off by effectively making one of them point the finger of blame for the relationship breakdown at the other (given the type of divorce petitions presently required under current law) is not, by any measure, a good start and frequently just draws “the battle lines”.
The new legislation will:
• Replace the present “five facts”, one of which has to be used to prove the irretrievable breakdown of the marriage (including e.g. unreasonable behaviour); with a new requirement to provide a statement of irretrievable breakdown only
• Removes the possibility of contesting the divorce
• Introduces an option for a joint application – i.e., both parties signing the statement of irretrievable breakdown and requesting the divorce
• Change “legalese” into plain English – “Decree Nisi” and “Decree Absolute” will be replaced with “Conditional Order” and “Final Order”.
The law will also apply to the dissolution of civil partnerships.
It is anticipated the new law will reduce conflict and so allow couples to more easily work together to resolve important issues for their children as well as themselves; leading hopefully to earlier resolution and so allowing the family as a whole to move on more swiftly from the breakdown of the relationship.
The effect of conflict on children and adults, in particular their mental health and wellbeing, is of course well documented.
If you need any advice or assistance concerning relationship breakdown and the issues arising from that concerning your children and/or financial issues, get in touch with myself, Justine, on 01252 726741, or justine@jlssolicitors.co.uk