No Fault Divorce

Reforms to divorce law have been a long time coming, but it would seem that the new “no fault” divorce is to be introduced from April 2022 under the Divorce Dissolution and Separation Act 2020.

Originally planned for autumn 2021, implementation has reportedly been delayed to provide time to complete and test work on the new digital service system.

Currently an applicant has to prove one of five facts:

  • Adultery
  • Unreasonable behaviour
  • Desertion of 2 years or more by the respondent (the spouse)
  • Separation for 2 years or more and the respondent consents
  • Separation for 5 years or more without agreement of the respondent

From April 2022, with the implementation of the no fault divorce, sole or joint applications can be made for divorce stating simply that the marriage has broken down irretrievably.  There is no option for the other party to contest the divorce. The changes will also introduce the use of plain English to simplify matters further. For example at finalisation of the divorce the “decree absolute” will be called “the final order of divorce”.

During the extra time now available, before this new procedure is in place, the Government have said they will be improving signposting to family mediation services to support resolution of arrangements for children and finances. Whilst divorce under this new legislation should be much simpler and reduce conflict in respect of the divorce itself, it will still be necessary to make fair and adequate arrangements for any children and finances. This is where Burley Geach and family mediation can help.  We have in-house mediators who can guide you through all the practicalities of separating and divorcing and help you agree arrangements for the care of your children, and your housing and financial needs.  Contact the Family Mediation team and book in for an initial Miam appointment for an opportunity to find out all about it.

Where mediation proves unsuccessful or is not suitable for whatever reason it may still be necessary to seek the assistance of a solicitor to handle the children and financial arrangements.  Again the Burley Geach Family team are able to provide all the help and support you may need and we refer you to our website for more information, or contact one of our family solicitors direct if you wish to discuss your circumstances.  We offer a free half hour appointment to provide you with an initial assessment for how we can help you.