Remarkable changes have come about. On 6th April 2022, the biggest reform of divorce law has taken place in half a century. Shockingly, an individual can now actually end their marriage without blaming the other party for the relationship breakdown.
You may think I am being overdramatic here but allow me to put it into context for you, Resolution have been campaigning for this sensible change for as long as I have worked as a family lawyer (which is much longer than I care to admit).
The shiny new Act bringing about the reform is The Divorce, Dissolution and Separation Act 2020 (also known as the ‘DDSA’ because don’t we all just love an acronym). New applications are now being accepted by the Court.
The most notable key change of no-fault divorce allows a couple to get divorced without blaming one person or enduring lengthy separation periods. All a party needs to do is make a statement of irretrievable breakdown of the marriage, serve the other party and, after they acknowledge the application, wait for the 20-week reflection period before making their next move. Once this has passed, notice can be given to proceed with the divorce, and the court can then make a Conditional Order (previously the Decree Nisi). After six weeks and one day, the court can make a Final Order, which is instead of the Decree Absolute. The process will take a minimum of 26 weeks and can be dealt with as a sole application or a joint application. As before, any financial settlements and child arrangements will still be dealt with separately.
The papers tell us that the new divorce procedure will be quicker. In reality, the cooling off period of 20-weeks means the divorce process can take anywhere between six to eight months. This is a similar amount of time to the old system.
A no-fault divorce may also save costs. The Court fee is the same and legal fees are likely to be very similar. However, removing the blame at the beginning of a divorce will hopefully encourage a better relationship between couples. This means less delay caused by disagreements and, therefore, a lower overall cost.
Like all other solicitors, I remain unsure as to how this process will work in reality and what practical changes it will mean for my clients. I am sure there will be some surprises along the way. There always is. However, I am delighted I no longer have to play the blame game. Anyone who feels unhappy in their marriage should have a right to end it without having to justify themselves and this new procedure will give them the freedom to do just that.
Get in touch
If you would like any advice or help navigating this brave new world, or have any other family law issues, please do contact me on 01924 291122 or email me at rebecca.baker@catteralls.co.uk.
Our highly skilled team of specialist solicitors have been established in the City of Wakefield for over 100 years.
