No Fault Divorce

No Fault Divorce

On 6th April 2022 – this country will see the biggest reform in divorce laws for over 50 years, meaning it will be possible for couples to get divorced without placing blame on the other party, or having been separated for a period of at least two years.

The main changes will be:

  • A divorce can be granted without placing blame or fault on the other party. Under the new law, it simply has to be established that the marriage has broken down irretrievably. There will no longer be the need to cite one of five reasons required to establish irretrievable breakdown.
  • It will be possible for couples to make a joint application for a divorce order, or one party can apply on their own.
  • It will no longer be possible to contest a divorce.
  • The language will be modernised, so a ‘decree nisi’ will now be known as a ‘conditional order’ and a ‘decree absolute’ will be known as a ‘final order’.
    The person making the application will be the ‘applicant’ (or applicants) rather
    than the ‘petitioner’.
  • There will be a minimum period of 26 weeks between the application and the granting of the final order to allow couples a period of reflection before the divorce is finalised.
  • We expect to see a significant increase in enquiries regarding divorce following implementation of the new legislation.  Whilst the law in respect of divorce has been simplified, it is very easy for couples to overlook the financial matters that need to be resolved on divorce and this can cause difficulties later on if they are not addressed properly.
  • There may also be tax implications that need to be considered.
  • It is essential to take specialist family law advice in respect of your individual circumstances if you are considering divorce.

Our team of family lawyers provide a free 30 minute initial appointment and would be very happy to meet with you to discuss your divorce or separation.

 Please call 01328 863131 or email:-[email protected].

 

 

 

 

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