The family home will often be the most important matrimonial asset during any divorce case, and a...
Undoubtedly the biggest change to the divorce system in nearly 50 years, the Divorce, Dissolution and Separation Act 2020 comes into force on 6 April 2022.
Under the current system, the applicant must rely on facts of separation or fault (such as adultery or unreasonable behavior) to demonstrate the marriage has broken down irretrievably. When the parties’ situation requires one to point the finger at the other, it often starts a ‘blame game’. This increases acrimony and leaves a sour taste as the parties begin to discuss the more important aspects of the separation, namely arrangements for the children and the finances.
The new legislation replaces the need to demonstrate that the marriage has broken down with a brief statement in relation to the irretrievable breakdown. Additionally, it introduces an option for a joint application and removes the possibility of contesting a divorce, thereby ensuring any individual can remove themselves from a marriage they no longer wish to be in.
A further step forward will be the use of plain English, for example, replacing ‘decree nisi’ with conditional order and ‘decree absolute’ with final order. This process will also be streamlined and should be more user-friendly. The new system should also reduce costs for those that still require legal help to progress their divorce.
In readiness for the change, the courts will not be accepting divorce applications from 31 March 2022. When the courts reopen on 6 April 2022, they will only be accepting applications under the new ‘no fault’ procedure.
Ultimately, this is a welcome development and family lawyers are looking forward to the removal of the early point of contention, with a view to guiding their clients towards more amicable negotiations in respect of any children or financial arrangements.
To talk to one of our family law team, please call us on 01689 887887.