By No-fault divorces introduced in England
A new law allowing couples to dissolve marriages and civil partnerships without either party being legally at fault is being introduced in England.
This means that couples wishing to divorce will no longer have to separate for between two and five years or allocate blame to legally justify ending their marriage.
Additionally, the change in legislation will:
- replace the ‘five facts’ with a new requirement to provide a statement of irretrievable breakdown.
- remove the possibility of contesting the divorce.
- introduce an option for a joint application.
- make sure language is in plain English, for example, changing ‘decree nisi’ to conditional order and ‘decree absolute’ to final order.
Lawyers are anticipating a surge in applications as a result of the move, which has been hailed as the biggest reform in divorce laws in over 50 years.
But while many expect the law to lessen the burden on courts in the long-run, not everyone is comfortable with the idea of accepting equal responsibility for the break-down of their relationships.
Figures show that many people seeking a divorce have rushed to file before the application system for the current system closed.
According to data collected by Stowe Family Law, 43% of people felt that proving the other party was at fault would benefit them in financial and custody settlements.
The firm dismissed this claim, stating that blame in a divorce is the result of cultural practices and in reality “achieves very little.”
The new rule comes into force in England and Wales today, Wednesday the 6th of April.
