A new divorce process is due to come into play in April, enabling married couples to have a “no fault” divorce. Matthew Clemence, a solicitor at Kerseys, explains how it will work.
April 6, 2022 will see the end of the current divorce process as we know it, and the introduction of “no fault” divorce.
The five facts of adultery, behaviour, separation by consent, desertion and five year separation will be replaced by a statement of irretrievable breakdown, which couples can choose to make jointly. Critically, neither spouse will have to demonstrate irretrievable breakdown by relying on old “blame-based” facts.
The option to defend proceedings will be removed. Terms like 'decree nisi' and 'decree absolute' will be replaced by 'conditional order' and 'final order' respectively.
A new minimum time period of 20 weeks will be introduced. This means that at least 20 weeks must elapse from the start of the divorce proceedings to the pronouncement of the conditional order or divorce being granted, with the idea being to provide couples with more time to agree arrangements in connection with their separation.
It is hoped this will have a positive effect on reducing tensions between separating couples, which is especially true where children are involved. Removing the need to “blame” the other spouse should promote a much more collaborative approach which all family lawyers will endorse.
It will result in more time focussing on how to manage child arrangements as well as financial issues from a less entrenched emotive starting point.
Ending the blame game should encourage more couples to explore alternative ways to resolve the ancillary issues which come about from separation, rather than taking the court route as a first option.
Hopefully, couples will see the benefit of mediation, round-table or collaborative law as ways of reaching agreement in a non-adversarial way. Often these alternative dispute options are more cost-effective, avoid delay and ensure couples retain autonomy over important decisions which affect their lives.
This should improve the couples’ ability to communicate effectively and promote a better “working” relationship, which should also ensure that parties are better at co-parenting any child or children of the family.
Talking to a legal professional early is also advisable to ensure that the parties understand the various options available to them and to ensure that a bespoke plan of action can be put in place from the outset, which also increases the chances of reaching an amicable and consensual agreement.
Kerseys Family Law Solicitors offers tailor-made solutions to all your family issues. While our standard working day is 9am-5.15pm, our family lawyers are flexible to support your needs and will, if possible, arrange out of hours online appointments.
Visit www.kerseys.co.uk/contact-us and click 'Call Me Back' to request a call back or telephone Kerseys Solicitors in Ipswich 01473 213311 or Kerseys Solicitors in Colchester 01206 584584.
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