No fault divorce
The new reformed “no fault” divorce came in to force on the 6th April 2022 making it the biggest change to Divorce Law in 50 years.
Previously parties had to apply for a divorce under the Matrimonial Causes Act 1973 on the ground that their marriage had irretrievably broken down and had to prove one of five facts, which involved attributing blame on the other party to the proceedings by way of unreasonable behaviour, adultery, desertion or because they had been separated for 2 or 5 years. This made the divorce process far more complicated in terms of causing animosity between the parties which often led to difficulties whilst trying to reach agreements with regard to financial matters and arrangements for children.
The Divorce, Dissolution and Separation Act 2020 now allows for a divorce to proceed on the simple basis that the marriage has broken down irretrievably. This provides for a more harmonious approach as the parties can either make the application solely or jointly. The later approach being a whole new concept, this in turn should lead to agreed decisions in respect of the financial settlement and the arrangements for children.
However, the divorce route even though new and reformed may not be the desired approach for all and they may wish to have a legal separation. Please see our article Legally Separated not Divorced for more information.
If you require any assistance contact our specialist solicitor, Nirmal Phull on 0121 726 9116, or email her at N.Phull@viennakang.co.uk.