• Services
    • Catastrophic Personal Injury
    • Companies & Businesses
    • Commercial Property
    • Divorce & Family
    • Litigation & Dispute Resolution
    • Personal Wealth
    • Property Development
    • Residential Property
  • Sectors
    • CleanTech
    • AgriTech
    • Charities
    • Education
    • Farms & Estates
    • Leisure
    • Medical, Dental & Veterinary
    • Public Sector
    • Renewable Energy
  • Our People
  • Join us
  • About
  • Contact
  • Services
    • Catastrophic Personal Injury
    • Companies & Businesses
    • Commercial Property
    • Divorce & Family
    • Litigation & Dispute Resolution
    • Personal Wealth
    • Property Development
    • Residential Property
  • Sectors
    • CleanTech
    • AgriTech
    • Charities
    • Education
    • Farms & Estates
    • Leisure
    • Medical, Dental & Veterinary
    • Public Sector
    • Renewable Energy
  • Our People
  • Join us
  • About
  • Contact
01223 417200
Home Knowledge Base Divorce & Family Breakdown New Divorce Law – No Fault Divorce is on its way

New Divorce Law – No Fault Divorce is on its way

No fault divorce is on its wayThe long awaited ‘no fault divorce’ legislation was given Royal Assent and became an Act of Parliament on 25th June 2020.  However, it is not yet law and it is not yet possible to bring a divorce using its ‘no fault’ provision.  It is anticipated that it will come into force in the autumn of 2021.

The big change

Under the current law one spouse has to bring a Petition against the other proving the irretrievable break down of the marriage by relying on one of five facts.  The two facts that permit an immediate divorce are referred to as ‘blame grounds’, being the other person’s adultery or the other person’s behaviour.  The remaining three facts require a period of separation to have accrued of either two years or five years.  The two year separation ground also has the additional hurdle that the other spouse must give their written consent.

Under the new law, either one or both spouses make a statement that the marriage has irretrievably broken down.  The statement is conclusive evidence that the marriage has broken down and the Court must then make a Divorce Order.

A two-stage process

The two-stage process of a divorce has been retained.  At the moment, decree nisi is the certification from the Court that the grounds for divorce have been proved and there is then a statutory waiting period of six weeks and one day before the person petitioning can apply for the decree absolute.

Under the new Act the terminology has changed. The first decree will be referred to as a Conditional Divorce Order and the second as a Final Divorce Order, which makes it easier to understand.  A new provision is that there must be no less than twenty weeks from the start of the divorce process to the Conditional Divorce Order.  The six week period between the Conditional Divorce and the Final Divorce Order is retained.

The majority of divorces already take longer than a total of twenty six weeks, generally because the parties need to work out a financial settlement or the arrangements for their children.  However, there were cases where the divorce was concluded in a shorter period – generally with minimal assets or with full agreement because the parties had addressed these issues earlier, and that will now no longer be possible.  There is provision for the Court to reduce the twenty week period but no guidance is given as to the circumstances in which this could be considered appropriate.

Reducing argument

The whole purpose behind the ‘no fault divorce’ legislation was to remove an unnecessary source of acrimony for divorcing couples.  For many years both solicitors and the Courts have tried to encourage people to see the fact proving the irretrievable breakdown of the marriage, particularly adultery or behaviour, as simply being a means to an end.  The Courts created the situation where a person could deny the truth of the allegations of behaviour made, but allow the divorce to go through with no adverse consequences.  The new legislation removes the artificiality and makes the process more straight forward and less costly in terms of legal fees.

Karen Anker Family Divorce LawyerHowever, simplifying the process of divorce cannot, of itself, remove all acrimony from the divorce proceedings.  Most of the time when couples are in dispute it is over the arrangements for their children or the terms of a financial settlement.  The number of couples who seriously fought about the wording of the ground on which their divorce was based, was actually very few.

A consequence of the new rules

The ability of the Court to give its approval to a financial agreement reached between the parties only comes into force at the time the Conditional Divorce Order is made.  Couples therefore now can be certain that there will be a twenty week period from the start of the proceedings before the Judge can consider and approve their financial agreement.  The online divorce process had reduced the time between the start of the process to decree nisi and it may be seen as a slightly retrograde step for this improvement to have been lost.  Nevertheless, for many couples it gives certainty and, by and large, the timescale is very similar to that experienced by most divorcing couples.

For more information please contact Karen Anker, Family Law & Divorce Solicitor 

Disclaimer: While we do all that is possible in terms of ensuring its accuracy, this blog contains general information only. Nothing in these pages constitutes legal advice. You need to consult a suitably qualified lawyer from the firm on any specific legal problem or matter.

How to sort out Children Arrangements on Relationship Breakdown

How to sort out Children Arrangements on Relationship Breakdown

The court takes the view that in most cases the best people to work out children arrangements upon relationship breakdown are their parents. 

4 Jan 2021
Read full article
New Divorce Law – No Fault Divorce is on its way

New Divorce Law – No Fault Divorce is on its way

No fault divorce is finally on its way for those planning to divorce in England and Wales. Learn about how it will work.

15 Dec 2020
Read full article
Protecting Marital Assets on Divorce

Protecting Marital Assets on Divorce

Where there is a real risk that an asset of value is going to be disposed of or in some other way removed beyond the reach of one spouse, then an application can be made [...]

13 Oct 2020
Read full article
Why Nuptial Agreements Make Sense

Why Nuptial Agreements Make Sense

The courts are likely to give considerable weight to the terms of a nuptial agreement, and the weight applied can be influenced by following a few important steps. Nuptial agreements can offer considerable protection, when [...]

23 Sep 2020
Read full article
How Collaborative Divorce Works

How Collaborative Divorce Works

Collaborative divorce is a process where you and your former partner commit to settling matters without going to court. This is a short guide to how it is intended to unfold.

29 May 2020
Read full article
Did you consider your spouse’s pension when you divorced?

Did you consider your spouse’s pension when you divorced?

A recent discussion on Radio 4 disclosed that a number of women said they had divorced without realising that they could claim against their husbands’ pension schemes.

15 Oct 2018
Read full article
Can Family Wealth be taken into Account upon Divorce?

Can Family Wealth be taken into Account upon Divorce?

This may be a case very much on its facts, but it shows the court being prepared to exclude a guaranteed inheritance.

7 Sep 2018
Read full article
Family Breakdown: What are my Rights?

Family Breakdown: What are my Rights?

What are my rights? This is the question most people caught up in family breakdown ask their solicitor. They are often quite frustrated at the answer!

7 May 2018
Read full article
Why Collaborative Law for Divorcing Couples?

Why Collaborative Law for Divorcing Couples?

Although it asks a lot of the clients (and the lawyers), it enables clients to look back and feel proud that they have taken control of the process.

14 Dec 2017
Read full article
The Trouble with Lifetime Maintenance Orders

The Trouble with Lifetime Maintenance Orders

Any wife coming before the court today on a divorce seeking a maintenance order for the rest of her life has a high hurdle to climb.

8 Mar 2017
Read full article
Prenuptial Agreements & Second Marriages: Once Bitten, Twice Shy

Prenuptial Agreements & Second Marriages: Once Bitten, Twice Shy

Prenuptial agreements come into play very strongly on second marriages.

11 Jan 2017
Read full article
Posted on 15 Dec 2020

Other Articles

  • Commercial Property
    • Landlord & Tenant
  • Community
  • Contested Wills Probate
  • Divorce & Family Breakdown
    • Alternatives to Court
    • Child Arrangements
    • Cohabitation Agreements
    • Collaborative Divorce
    • Divorce Finances
    • Nuptial Agreements
  • Litigation & Dispute Resolution
    • Debt Recovery
    • Landlord & Tenant Disputes
    • Property & Boundary Disputes
  • Personal Injury
  • Property Development
  • Residential Conveyancing
  • Wills, Probate, Tax & Trusts
Legals
  • Cookies
  • Cyber Fraud
  • Disclaimer & Privacy Policy
  • GDPR
  • Gender Pay Report
  • Professional Status & Insurance
  • Terms of Service
  • Workforce Diversity Data
Where to find us
Parkside Office

39 Parkside
Parker's Piece
Cambridge
CB1 1PN

01223 417200

enquiry@barrellison.co.uk

Addenbrooke's Office

PO Box 196
The Concourse
Addenbrooke’s Hospital
Hills Road, Cambridge, CB2 0QQ

01223 411315

enquiry@barrellison.co.uk

Copyright Barr Ellison LLP - all rights reserved