Divorce ‘blame game’ ends with new No-Fault divorce law changes
The most significant change in the UK’s divorce laws in more than half a century is due to take effect in England and Wales on 6 April 2022.
The Divorce Reform Act was introduced in 1969, and it represented a key period of societal change. Under this Act applications for divorce relied on one or more facts, such as adultery, unreasonable behaviour, desertion, and separation, to prove that the relationship had irretrievably broken down.
Under the new Act, the Divorce, Dissolution and Separation Act 2020, this requirement will be omitted, thereby removing the ‘blame game’ culture from current practices. Meaning you can file for divorce whether your spouse likes it or not, and you don’t need to assign blame, or prove that they were at fault, for the marriage breaking down.
The new Bill also changes some of the legal jargon associated with divorce, opting for simpler and more accessible language to those outside the legal profession. Terms such as ‘Decree Nisi’ will become ‘Conditional Order’, and ‘Decree Absolute’ will become ‘Final Order’.
The new law simplifies the process.
The new Bill will significantly alter and simplify the process of getting divorced, with no-fault divorce being a key focus. The aim is to move away from firing accusations, apportioning blame, and using labels such as victim and villain. Instead opting for a more civil and amicable process to bring the marriage to an end as quickly and as painlessly as possible.
Also, for the first time, a couple will be permitted to jointly end their marriage with a statement of irretrievable breakdown. No evidence, or attributing blame for the breakdown, will be required beyond this statement.
For simple cases, those where there are no assets or children to take into consideration, it will be possible to apply online, therefore reducing the costs and the time involved. The new minimum time frame between the start of proceedings and application for a conditional order is 20 weeks. This provides the couple a period of reflection to consider their decision, and make arrangements for the future.
The above sounds ideal for those couples who have reached a mutual decision to go their separate ways.
But not all divorces are so straightforward.
As society becomes more progressive, the stigma from the breakdown of a divorce is dissipating. However, it has not disappeared altogether. So it’s good to have a plan to cope with this, plus the range of emotions you may experience. Feelings of resentment, anger, grief, a sense of failure, even the guilt from your part in the breakup, are all normal.
Afterall, the marriage vows taken were until death do you part. These are now transferred to the death of a marriage.
While this new Bill will be a game changer for countless couples considering divorce, many cases will still require legal support for the financial settlement or a parenting plan, so it’s important to arm yourself with a team who has your back throughout the process. Consider:
A legal team who will be on your side to deal with the facts and get you the best outcome possible.
A counsellor or therapist can be on hand to deal with any past problems that you are unable to overcome.
A coach, such as myself, can work with you in the present situation, to make plans and set goals to help you move you forward with your new life.
So, have you got the team you need to support you?
As a divorce and life coach I can help you to work on yourself, build yourself back up, and get ready to face the future.
For more information about the new the Divorce, Dissolution and Separation Act: