In April 2022 reforms are meant to be introduced to allow couples who are divorcing to do so without having to put blame on each other.
Currently in England and Wales the law on divorce involves the need for the court to be convinced that the marriage has irretrievably broken down and that there is no way for it to be saved. In order to apply for a divorce a couple must satisfy one of five reasons. These reasons are:
1. Separation (2 years – both individuals must agree to the divorce)
2. Separation (5 years – No need for agreement)
3. Desertion (where one person has deserted the other for 2 years’ minimum without explanation)
4. Adultery
5. Unreasonable behaviour (this has a wide range, from common frustrations to abusive behaviour)
This means that unless a couple are living separately for more than 2 years they must rely on blaming the other for the irretrievable breakdown of their marriage. This blame must be evidenced to the court in order for them to be satisfied that the divorce should go ahead.
However, in April 2022 this approach to divorce should change with the introduction of no fault divorce. This will remove the blame element from the process and allow couples to get divorced on the basis that the marriage has broken down and without the need to prove that this happened due to one of the five reasons. Additionally, couples will be able to apply for a divorce jointly which is an improvement from the current law which allows only one of the parties to apply. On the other hand, there will no longer be an option for an individual to contest the divorce, and the reasons for it such as is possible under the current system.
Another addition that the new system will introduce is that the individuals divorcing will have to wait a minimum of 20 weeks before the divorce becomes final after making an application. This allows for a ‘period of reflection’ which gives the couple an opportunity to consider the relationship and ensure that a divorce is really the right option for them.
While these reforms will simplify some levels of the divorce process, going through this can never be easy and with the emotional strain it is necessary that you have a firm you can rely on. At Dylan Nair, we can provide assistance to help you work through the divorce process and work with you to get your life back to normal. For further enquiries and advice contact us today by visiting our website or calling us on 01772 494366