As my colleague Ellie Foster explained in her article No Fault Divorce earlier this year, the Government announced a new law on ‘no-fault’ divorce to come into effect this October however, this has now been delayed until April 2022.
When it becomes law it will mean that separating couples will no longer have to rely on one of the five facts to prove the ground for divorce or dissolution of their civil partnership – the irretrievable breakdown of the relationship. Instead the new law will remove blame and help the parties avoid unnecessary conflict, promoting a more constructive approach to divorce.
What does this mean if I would like to get divorced now?
The ‘no-fault’ divorce reform is now delayed until April 2022, however, if you are considering commencing divorce/dissolution proceedings and do not want to wait until April 2022, you may be able to divorce your partner using one of the five facts to prove your marriage has irretrievably broken down. These facts are:
Numbers 1 and 2 effectively mean that one of the parties needs to blame the other for the breakdown of the marriage and numbers 3 to 5 mean that a period of at least two years needs to have elapsed since the parties separated before they can petition to end their marriage or dissolve their partnership.
Why should I wait for the ‘no-fault’ divorce reforms to take place?
Do I have to wait for a no fault divorce?
This will depend on the circumstances as each case is different. Ending a marriage/partnership is a big decision and specialist legal advice should be sought. If you are considering divorce/dissolution and would like further information or advice we are happy to discuss this and provide options specific to your own needs.
If you require any advice on this matter, please do not hesitate to contact Raworths Family Law Team on 01423 566666.
Published on 8 July 2021