Easier divorce rules:
The law is changing for UK divorces. It is moving from a fault-based to a ‘no-fault’ system within a matter of months (6th April 2022). Parties in limbo need to know both sets of rules and procedures.
What is a no-fault divorce?
In summary, UK divorces are no longer pressured to blame the other party for unreasonable behaviour or adultery. Parties can no longer contest a divorce petition. The law concerning the division of assets and child arrangement orders continues.
UK divorce law typically brings an end to a marriage. Nevertheless, it should support the legal union. Family law should encourage parties in taking practical steps to protect the marriage wherever possible. The Matrimonial Causes Act 1973 and the Divorce Reform Act 1989 request irretrievable marriage breakdown as the sole ground for divorce.
The mistake is often made that there are five grounds for divorce. Still, only one must be proven;
1. adultery
2. conduct
3. desertion
4. two-year separation with consent or
5. five-year separation
The petition fails if a party does not prove one of these five facts. The ground presents itself as neutral though the facts illustrate deceptive divorce law. It is a hybrid system of fault and no-fault. Regrettably, UK divorces petitions encourage a fault-based system (adultery and conduct).
Globally, a no-fault approach in divorce procedures is already in place. For instance, granting immediate divorce petitions are common in Sweden. Therefore, if no children under 16 live with either spouse, the reconsideration period is only six months.
Why is the overhaul of UK divorces happening?
The optimal structure to divorce law is a no-fault ideal. Divorce by mutual consent is the most desirable. The Divorce, Dissolution and Separation Act 2021 was prompted by the recent Supreme Court decision of Owens v Owens. It revises the existing legal processes for divorce, dissolution, and separation by removing each of the five facts. Instead, one can submit an irretrievable breakdown statement that cannot be contested. As a result, it allows for a shorter 26 weeks decree absolute timeframe (divorce).
What does the new law mean for UK divorces?
Basically, it promotes mutual consent by submitting joint and agreed applications. Hopefully, this no-fault model will reduce humiliation, distress, and bitterness throughout the proceedings. In conclusion, it ensures a quick, cost-effective process. Above all, as a result, the new set of rules spares children the emotional trauma of parents blaming and shaming each other. Moreover, it creates a system that aligns closer to divorce in other jurisdictions. Additionally, the new divorce law is helping the family court and aggrieved parties. Let down spouses often feel they deserve compensation from the other wrongdoing party. In other words, they can focus on critical matters. Indeed, the ideal outcome is a fair division of marital assets and child-centric arrangement orders.
CourtTogether remains a specialist and alternative provider to family law solicitors. We assist UK divorces in transit by empowering parties to understand the current and the new UK divorce system. Ultimately, we aim to save your marriage with our integrated coaching service. Our first goal is to diffuse tension and mistrust between you and your separated partner. Often and regrettably, the divorce is irretrievable. If so, we continue offering emotional support and practical advice on critical issues and legal correspondence daily. We aim to remove the fear and stigma around divorce. Divorce is often a sad affair; however, it does not need to be bad. Speak to us today. We show the entangled UK divorces how to move through the different stages blame-free. CourtTogether welcome the new divorce law!
