In April 2022, England and Wales saw their first substantial reform to the law surrounding divorce in more than 50 years with no-fault divorce coming into force. This huge alteration has totally transformed the way that couples can end their marriage without blame at all.
Why the Old System Wasn’t Good
Until 2022, couples wanting to divorce had to show one of five facts: adultery; unreasonable behaviour; desertion; two years’ separation with consent or five years without it. Years could go by or wild allegations had to be made against one another if they did not want to wait years allowing conflict and an amicable separation near impossible. This finger-pointing encouraged many individuals to report personal grievances by dragging each other into the mud, spreading hurt feelings and complicating co-parent decisions.
Now couples are able to divorce by saying the marriage has irretrievably broken down. There need be no evidence, accusation or finger pointing. Spouses can also apply individually, or together.
The application is very neutral in its language, calling a petitioning spouse an ”applicant”. The change in language reflects a move by the law away from intra-household conflict and blame.
Key Changes Introduced
Joint Applications: Couples can for the first time apply together to acknowledge a joint decision to divorce without having to blame one another. For Family Law Solicitors Gloucester, contact https://deeandgriffin.co.uk/personal-legal-services/family-law-solicitors/gloucester/
Uncontested by the other spouse: This means that the other spouse can no longer contest it as to whether you are getting divorced but they could still dispute with regard to financial settlements and child arrangements. This helps in not keeping one partner caged in a bad relationship because of another.
Length of Time: It takes about 20 weeks from the first ruling until a full consideration order can be applied for, giving couples a chance to contemplate their separation and get all necessary ducks in straight rows around things like housing or children.
After a couple has had its conditional order dissolved, it then must wait six more weeks before applying for the final order that will end the marriage.
The Benefits
It has reduced the amount of conflict and this is good for children, but also means that couples are less likely to be distracted from more practical arrangements by bitterness over which one of them must hold up their hands. It recognises that, actually you know what, sometimes things just don’t work out and both parties are to blame, a pretty modern way of looking at marriage.
What Hasn’t Changed
The mechanics of divorce are far simpler and less adversarial than they were, but there must still be agreement on settlements (financial/children) and/or court intervention.
A no-fault divorce system is a compassionate and modern way to help couples separate with dignity by eliminating the unnecessary conflict that can occur at an already difficult time.
