The Divorce, Dissolution and Separation Bill received Royal Assent in June 2020 and means that no-fault divorce will soon become a reality.
Currently, when applying for a divorce it is necessary to show that your marriage has irretrievably broken down and you must rely on one of the below five facts:
This means that at present the only way to apply for a divorce without fault attaching to the other party is to wait for over two years to progress the divorce.
It is hoped that the changes introduced will reduce conflict between couples who have previously had to rely on a fault-based fact to progress the divorce or dissolution proceedings.
The irretrievable breakdown of the marriage will remain the only ground on which a divorce or a dissolution of a civil partnership may be granted but it will no longer be a requirement for one of the parties to evidence one of the above five facts.
Provision will be made for joint applications to reflect the reality that the decision to divorce is a joint one and a minimum timeframe of six months will be introduced for the divorce process to provide sufficient time for reflection and make future arrangements.
It will still not be possible to apply for a divorce within the first year of marriage.
The changes are expected to be introduced as soon as parliamentary time allows and it is anticipated that the bill may be implemented in Autumn 2021.
Until the changes are implemented the family team at Myerson can help you to separate and divorce in a constructive manner. We understand that getting a divorce can be an emotional and confusing experience. Our family lawyers have extensive experience in dealing sensitively with issues following a marriage breakdown.
There are over 90,000 divorces each year according to the Office of National Statistics.
We understand that dealing with a divorce or separation is a very stressful time. Emotions can run high and the changes can be overwhelming.
The focus of Resolution’s good divorce week is to show separating couples how to manage a split in a non-confrontational and constructive manner putting the best interests of any children first.
Each day this week we will be sharing information about the process of divorce, the alternatives to court and how you can sort out the arrangements for the children, money, and the family home.
The family team at Myerson are all members of Resolution, an organisation of family law professionals across England and Wales committed to working in a non-confrontational way and putting the needs of any children first.
Resolution has members who are lawyers, barristers, financial advisers, and family therapists. All members sign up to a Code of Practice which means that we will:
Members of our family team at Myerson have Resolution accredited status which means that they are recognised experts in a particular field of family law.
We work with financial advisers and mediators who are members of Resolution. This means that they also respect the Code of Practice when working to resolve your issues.