The changes will mean that couples can divorce without blame and without waiting until they have been separated for 2 or 5 years, as with the present law. Ending the “blame game” is hoped to create less conflict between couples and lead to a more amicable financial settlement and making it easier to resolve the arrangements for their children.
It was hoped that the law would come into force a bit earlier (it had been timetabled for this Autumn) but, now that the on-line divorce service is in use, they need time to ensure that the IT changes have been properly dealt with to allow a smooth transition to the new law.
Will I Be Able To Have A Quickie Divorce?
There never has really been any such thing as a quickie divorce. Under the present law it doesn’t matter what reason is given for the divorce, the procedure is the same. Under the new reforms there is a minimum timeframe of 6 months so it isn’t any quicker and will probably take a bit longer from start to finish than under the current law. The reason for the longer timeframe is to allow time for the couple to reflect on their marriage and the divorce. Even under the current arrangements divorces in practice often take longer than 6 month because of waiting to resolve financial settlements so it may not make any difference.
How Do I Prove That The Marriage Has Broken Down If My Spouse Doesn’t Agree To A Divorce?
Under the current law you need to state the reason the marriage has broken down giving details of unreasonable behaviour, adultery, 2 years separation if the other party consents, 5 years separation where consent is not required or desertion. The other party could defend the divorce or refuse to give consent to a divorce on 2 years separation. The new law provides only that the party seeking the divorce make a statement to confirm that the marriage has broken down and that it is not possible to reconcile. It also allows for a joint application by both spouses. What is no longer going to be allowed is the ability to defend the divorce. Defended divorces just create more animosity between couples, are time consuming and expensive. So you will soon be able to obtain a divorce even if your spouse doesn’t agree.
I Want To Issue A Divorce But Should I Wait?
The changes are still some 10 months away so you may prefer to start divorce proceedings now, under the current system, particularly if you are anxious to resolve financial matters and have a court order to confirm the settlement or need to issue court proceedings to deal with the finances.
However, if you don’t want to issue a divorce on unreasonable behaviour or your spouse is likely to defend this and won’t agree to a divorce, then waiting and issuing under the new law is certainly going to be quicker than waiting 2 or 5 years for a no fault divorce or going through a protracted defended divorce.
For further advice on divorce please contact me or a member of our Family Law team on freephone 0800 011 6666.
