Under current legislation parties can only apply for a divorce if they provide to the court that their marriage has irretrievably broken down and that one of the 5 facts (adultery, unreasonable behaviour, 2 years separation with consent, 5 years separation, desertion) are relevant to their marriage breakdown. Under the new legislation the fault element will be removed.
No need for blame
Under the new legislation couples can divorce without having to cite blame. They will no longer need to rely on one of the 5 facts.
The application cannot be contested
An option for a joint application
Currently only one spouse can apply for the divorce. The new system will allow both parties to apply on a joint and amicable basis.
Removal of legal jargon
Changes will be made to the language used. ‘Decree Nisi’ will be changed to ‘Conditional Order’. The final stage of the divorce is currently referred to as ‘Decree Absolute’. This will be referred to as ‘Final Order’.
The Government’s Divorce, Dissolution and Separation Act 2020 will reform the divorce process to remove the concept of fault. The Act was passed in June 2020 and the Government is working on implementation of the changes. The new legislation will:
Our View
No fault divorce will reduce conflict allowing couples to focus on important issues like children, property and finances.
We also support
We believe the legislation could be clearer, fairer and more accessible by reviewing:
We believe the current court fee of £593 for divorce applications is too high and discriminates against those less able to afford it. Court fees should be reduced to reflect the fact that the new process will require less administration.
What this means for Solicitors
The proposed changes should simplify current practices and reduce conflict between couples. We expect any changes to the process will be fairly easy for solicitors to implement.
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