The family law body, Resolution, has campaigned for a change to legislation over a number of years, with the view that offering a no fault basis for divorce reduces the conflict which inevitably arises between separating couples.
Allowing a divorce to proceed in this way removes the requirement for couples to allege unreasonable behaviour or adultery when divorce proceedings commenced, before a period of at least two years separation.
Before the introduction of No Fault Divorce, couples were required to allege unreasonable behaviour or adultery when divorce proceedings commenced, before a period of at least two years separation. The apportioning of blame, especially in some cases where none in reality exists, can exacerbate animosity between divorcing couples which in turn may adversely affect their children and the couple’s ability to successfully co-parent along with an increase in legal costs. It also often made it more difficult for parties to reach an agreement regarding the division of the matrimonial assets.
Watch Gemma Purt's video on No Fault Divorce
How will this change benefit our clients and their families?
The new rules also introduces the ability for the former couple to make a joint application, although it is not mandatory. A joint application means that one party is also not regarded as being at fault over another. It allows the proceedings to be conducted constructively, amicably, with little friction and with dignity. This also minimises the impact if any children are involved.
The change to the legislation will also see a change to the language, ensuring it’s both clearer and modern. For example, divorce applications will continue to be lodged online, with a minimum of 20 weeks from the start of the process before the first stage of the divorce, formerly known as a Decree Nisi (now referred to as a Conditional Order), is reached. This allows a period of reflection for both parties.
A further six week and a day period is required before the final divorce, which will now be known as a Final Order (previously called a Decree Absolute), is made.
During this period arrangements for the children, if the parties have any, and financial matters can be addressed. It is always strongly advised to seek tailored legal advice at an early stage for individual circumstances to be adequately and fairly considered.
The family law department at Girlings welcomes the changes and will continue to support couples to resolve matters as constructively as possible and guide couples, who wish to file for divorce in this way, to a swift and amicable resolution.
