NO FAULT DIVORCE EFFECT FROM 6TH APRIL 2022
You may have seen on 6th April 2022 one of the biggest changes in divorce law in the last 50 years took effect. As of 6th April 2022 either party to a marriage can immediately issue divorce proceedings without having to apportion blame to the other party. This new law has been titled the “no fault divorce”. Previously under the old law, if a spouse wished to issue divorce proceedings without having to wait a two or five year period, they were forced to “blame” the other spouse for unreasonable behaviour or adultery. This new law allows individuals or separated couples to immediately apply to the Court under the fact that their marriage has broken down irretrievably without apportioning any blame against the other party. The huge benefit this will bring to divorcing couples is that it avoids an immediate adversarial approach. The divorce can simply go through on amicable, no blame grounds.
The process is also more simplistic than the process under the old system. As from 6th April, either or both parties can lodge an initial application for a divorce and then after a period of six months they will be granted a conditional Order and after a further six weeks there will be a final Order for a divorce.
It is without doubt that the new change in law is going to assist in leaving relationships amicably and reduce conflict.
Although the divorce process is improved by not having to apportion blame, we would impress upon divorcing couples that a separation and divorce itself can lead to complex issues having to be resolved. In particular issues may arise about the future care arrangements for the children and also financial issues. The types of financial claims that can be pursued (claims against income, capital, property and pensions) remains unaffected. We therefore impress upon any party who wishes to consider issuing divorce proceedings to obtain good legal advice prior to any decision being made to issue a Divorce Petition.
We offer an initial free meeting to discuss your circumstances and the options available to you. We are specialists in dealing with all aspects of divorce. You can contact us to arrange such a meeting, either attended or remote by going on to our website or telephoning our offices 01270 610300 or 01270 212000.
If you find yourself considering the option of divorce, we are here to help. We offer an initial 30-minute options meeting, which is free of charge, to discuss your circumstances and the options available to you. We are specialists in dealing with divorce, finances and children matters arising out of separation and are committed to help you resolve matters as quickly, fairly and amicably as possible. Please feel free to call us on 01270 610300 or contact one of our Family Lawyers today for your free initial meeting.