New ‘No Fault’ Divorce Procedure

The new ‘no fault’ divorce procedure is due to come into operation on 6 April 2022. The application will only need to detail that there has been an irretrievable breakdown in the marriage.  There will no longer be a need to prove this by citing adultery, unreasonable behaviour, or periods of separation.

 

The current divorce system in England and Wales, which is nearly 50 years old, requires one spouse (the petitioner) to start the divorce proceedings and, as part of the process, make an accusation about the other spouse’s (the respondent) conduct.

 

The petitioner can choose from three reasons – adultery, unreasonable behaviour or desertion. If one of these three reasons cannot be proven then the separating couple face two or five years of living apart in a ‘separation’ period before the marriage can be legally dissolved.

 

The new law has been introduced with the aim of trying to avoid confrontation where possible and reducing its damaging effect on children, in particular. The Divorce, Separation and Dissolution Act will remove the need to ‘blame’ one spouse with the couple signing a sole or joint statement that the marriage has broken down and cannot be saved.

 

This statement will also stop one spouse contesting a divorce as a statement of irretrievable breakdown of the marriage will be conclusive evidence for the court to make an order for divorce.

 

If you are facing the prospect of separation or divorce, and require further advice please contact Emma Heather or Kathryn McGeary at Nicholson Portnell Solicitors.