No Fault Divorce – It’s Coming, But Will It Be Soon Enough?
Those who have read my blogs before will know that I am a long time supporter of a change in the Law to remove the ‘blame game’ as the media like to call it and to provide for ‘no fault’ divorce.
My earlier blogs set out the reasons this change was necessary and why, after hearing harrowing stories of one spouse or another being trapped in unhappy marriages, Parliament was swept along by the waves of the opinions of not only those working in the Family Justice system but also the general public.
The Return of the No-Fault Divorce
Like many of my clients, I was therefore delighted to hear that the new provisions had passed through Parliament and have become Law. Resolution – the professional body for family justice professionals who advocate the conduct of family law cases in a sensitive and cooperative way – have hailed this as “the biggest change to divorce laws in our lifetime now means separating couples will no longer have to assign blame in order to be granted a divorce. It gives you – our members – a better chance of helping couples to resolve the consequences of their relationship breakdown with minimal conflict.”
They have shared a video about this and that can be viewed here https://twitter.com/ResFamilyLaw/status/1277955043392512005
However, for the moment, couples wishing to divorce will have to rely on the ‘old’ Law for the time being. Many – myself included – hoped that the changes would be implemented straightaway to allow those who are trapped to move on with their lives as simply and quickly as possible. Unfortunately, the Government has indicated that couples will not be able to divorce this way until the Autumn of 2021 at the earliest as they wish to ensure that all of the necessary amendments to the process can be made and that it will then be as smooth as possible.
As Resolution have said, the change is nevertheless a great achievement and when it is finally possible to divorce in this way, may not have come too soon for many.
Adrian Rose
July 2020