Change to UK Divorce Law Removing ‘Blame’ Now Effective

On 6^th April 2022, a new change to UK divorce law came into force removing the requirement to have grounds for ‘blame’ on the other party, bringing the UK divorce process into the 21st century and minimising conflict amongst couples and families. Lawyers warn however, that elements of the new ‘no-fault law’ may result in couples attempting to start legal proceedings without proper advice. Manchester-based divorce lawyer Lindsay Jones explains more in her latest blog below.

What is the Divorce, Dissolution and Separation Act 2020?

As well as reforming the legal process to remove the ability to make allegations about the conduct of a spouse, the new law which became effective on 6^th April 2022, allows couples the choice to end their marriage by signing a sole or joint statement confirming that the marriage has broken down and cannot be saved. Prior to the change, and for the past 50 years, one party had to prove that the marriage had broken down with evidence of:

• Adultery
• Unreasonable behaviour
• Desertion by one party
• Two years separation with the consent of the spouse or five years separation without a spouse’s consent.

A statement of irretrievable breakdown of the marriage will now also stop a spouse contesting the divorce, as conclusive evidence enough for a court to make the divorce order.

Extended cooling off period and easier to understand language

Other changes under the Divorce, Dissolution and Separation Act include an increase in the minimum period between the start of proceedings and the application for conditional order (cooling off or reflection period) from 6 weeks and 1 day, to 20 weeks. This aims to give couples the chance to consider whether a divorce is in fact the right choice, and if agreed that a divorce is inevitable, the longer time period will allow couples adequate time to plan for an amicable future.

A welcome amendment of terminology also forms part of the updated law as follows:

• Decree Nisi will now be referred to as a ‘Conditional Order’ which acts as confirmation that the couple is entitled to divorce.
• Decree Absolute will be referred to as the ‘Final Order’ which will confirm the end of the marriage following a six-week period after the Conditional Order has been granted.

How will the changes in divorce law apply to civil partnerships?

Prior to the new law passing, a person in a civil partnership would have had to prove the irretrievable breakdown of the marriage based on evidence of unreasonable behaviour from their spouse; desertion by their partner; two years separation with the consent of their spouse; or five years separation without consent. From 6^th April 2022, if a civil partner claims the marriage has irretrievably broken down, the marriage can now be dissolved without the consent or blame of the spouse.

Do I still need a lawyer to seek a divorce?

The simple answer is yes. Whilst you now only need to present a signed sole or joint statement confirming that the marriage has broken down, if you are seeking a divorce, you will still need legal advice for a variety of reasons. A divorce lawyer will help to:

• ensure the paperwork is completed properly and formally presented to the court
• assist with the fair division of property and finances
• seek the support of a mediator if required during the 20-week reflection period or 6-week period between the Conditional Order and Final Order
• check and rewrite a will if needed to reflect the changes of personal circumstances
• provide support post-divorce including mortgage capacity.

What do I need to do to start divorce proceedings?

If you’re in the unfortunate position of wanting or needing a divorce, or dissolvement if you’re in a civil partnership, then I am here to help and support you throughout the process. Please do not hesitate to contact me on 07917 711 887 or by email to lindsay@lindsayjonesdivorcelawyer.co.uk. You can also download free guides & resources on my website: lindsayjonesdivorcelawyer.co.uk.