On 6 April 2022, the Government introduced the Divorce, Dissolution and Separation Act 2020, which allows couples to divorce in England and Wales without having to put blame on one another.
The reforms seek to end the “blame-game” and reduce the impact these allegations can have on couples in the process of separation.
The previous divorce system
Originally, one spouse (known as the Petitioner) would have to initiate proceedings by making an accusation relating to the conduct of the other spouse (known as the Respondent).
The Petitioner would have had to prove one of 5 factors:
1. Adultery
2. Unreasonable behaviour
3. Separation of more than 2 years (with the consent of the Respondent)
4. Separation of more than 5 years
5. Desertion
This approach to divorce was criticised for causing further strain to already delicate relationships, which could lead to difficulties when making decision relating to financial and child arrangements.
The No Fault System
The No Fault Divorce reforms have been introduced to limit these negative effects and encourage couples divorcing to focus on separating amicably.
This new law will allow couples to mutually apply for a divorce, by a joint statement or as an individual. There will also be no requirement or option for the Respondent to defend the divorce, so there will be little room for delays.
Once an application has been made, the parties will have to wait 20 weeks from when the Respondent is served with the divorce petition before the Applicant can apply for the conditional order. This is known as a ‘period of reflection’ and allows the parties to have some time to consider their decision to divorce. Once the Applicant has the conditional order, they will have to wait 6 weeks before they can apply for the final order – this can be further delayed by the applicant if financial proceedings are still ongoing.
How we can help
At Dylan Nair Solicitors, our team of specialists are able to advise on any divorce related enquiries you may have. Please call today on 01772 494366.