The effects of coronavirus on your legal rights and our service.

Complete the form below to ask us a question or make an enquiry. We’ll get back to you via phone or email as soon as possible.

Insights

No Fault Divorce expected in the Autumn

Posted on 24th March 2021 in Family Law

Posted by

Bea Taylor

Solicitor
No Fault Divorce expected in the Autumn
Update (08/06/2021)

Ministers have announced that the Divorce, Dissolution and Separation Act 2020, or No Fault Divorce, which will allow married couples to divorce without assigning blame, will come into force on 6th April 2022. This date is later than originally indicated, however, the 6th April is now fixed as a matter of Parliamentary record, rather than the indicative timetable previously being worked toward.

Nigel Shepherd, the former Chair of Resolution who has spearheaded the call for No Fault Divorce over many years, said today: “Whilst any delay is disappointing, we do now have certainty over the introduction of this important reform, and will be able to advise clients accordingly.

 

 

After 30 years of campaigning by family law group Resolution and other bodies, Parliament passed the Divorce, Dissolution and Separation Act 2020 in June 2020. There is no set date for when this legislation will come into force and No Fault Divorces become a reality in England and Wales, however the Lord Chancellor Robert Buckland has indicated that the changes will likely not take effect until autumn 2021 as ‘time needs to be allowed for careful implementation’.   

 

What is divorce law currently?

At the moment, a spouse has to prove unreasonable behaviour, adultery or that desertion has taken place for divorce proceedings to begin. The only other way to obtain a divorce without the other spouse’s consent is by living apart for five years.

It is a reality of life that some marriages will break down and when they do it falls upon both parties to try and part in an amicable manner, with the least amount of acrimony and upset. The introduction of No Fault Divorce will go a long way to help achieve a more amicable separation.

 

How will divorce law change?

Under the new legislation a spouse will simply have to claim that their marriage has irrevocably broken down.  This also means that spouses will not be able to contest the choice divorce. Apart from on grounds such as coercion and fraud. The new legislation will also introduce a six-month minimum period that must pass between the divorce proceedings starting to the divorce being finalised.

The Law Society have commented that ‘No Fault Divorce will bring divorce law into the 21st century’. Its purpose is to reduce conflict and minimise the impact on any children caught up in proceedings. We eagerly await the new legislation coming into force later this year.

 

How can Tozers help

We know that dealing with the end of a marriage by a divorce or separation can be very upsetting, which is why our Family Law Team is here to help navigate the process and support you to make decisions that are right for you. Visit their hub page to find out more and contact the team directly.

Contact our legal experts

 


 

Paper plane

 

Get the latest news straight from our legal experts.

Subscribe to our newsletter to receive current, dedicated, suppport and guidance from our solicitors straight to your inbox, wherever you are.

Company & Industry

Related Insights

Insights

What to do when your ex-spouse or civil partner refuses to comply with the Financial Consent Order after divorce or dissolution?

Posted on 27th May 2022 in Family Law

In the majority of cases where a Financial Consent Order has been made by the Court this signifies the end of the process addressing the finances on divorce or dissolution

Posted by

Bea Taylor

Solicitor
Insights

The Importance of Obtaining a Financial Order When Divorcing

Posted on 19th May 2022 in Family Law

The no new fault divorce has now come into effect in England and Wales as of 6th April 2022 and it allows for both sole and joint applications by parties, however applying for a divorce does not mean that the financial aspect of the marriage have been dealt with.

Posted by

Sophie Charlton-Rigg

Paralegal