Divorce Reform – it is nearly here!

By Louise Martin, Head of Family Law

As of 8th June we know that the Divorce, Dissolution and Separation Act will come into force on 6th April 2022. This law, which was given Royal Assent in Summer 2020, changes the complexion of divorce, making it no longer essential to prove fault in the absence of the requisite periods of separation.

The changes have been borne out of a call for reform by practitioners and Resolution for ‘No-Fault Divorce’, that being a divorce where there is no requirement to prove or show wrong-doing by the other party.

It has been long considered that a divorce predicated on bad-feeling and blame is not conducive to the idea that the parties should then try to reasonably and openly negotiate to secure a financial settlement. Nor does it help parties who may need to continue to co-parent their children to effectively communicate with one another.

The ground for divorce will remain as the irretrievable breakdown of the marriage. However, whereas previously that ground had to be supported by one of five facts – adultery, desertion, unreasonable behaviour, 2 years’ separation with consent or 5 years’ separation – there is now no need to plead any fact in support.

A statement by the petitioner that the marriage has irretrievably broken down will suffice to enable the court to make a divorce order.

The terminology is changing and our current Latin ‘Decree Nisi’ will become a Conditional Order and our ‘Decree Absolute’ will be a Final Order. The divorce, whilst simpler, takes the form of a a 3 stage process which has the effect of ensuring that the duration of the process will be at least 6 months from the petition to the final order.

Procedurally, there will be some changes:

• We are expecting a rise in the current court fee on an application for divorce from the current fee of £550 to £593
• The petitioner will now be the ‘applicant’
• Willing parties can jointly apply and so there can be ‘joint applicants’. They have to be on board together from the start, and both confirm again their intentions for divorce after 20 weeks
• There is nothing to suggest that applicants can still claim their divorce costs – probably due to the spirit of no-fault
• The 12 month rule is still there meaning that you still cannot have a decree within 1 year of marriage
• There is provision in the amended procedure rules for the applicant or the court to serve by email.

What will the changes mean? Well, the hope is that it will lead to less acrimony in the divorce process.

The Justice Secretary at the time of the Owens v Owens decision (Mrs Owens was denied her divorce based on unreasonable behaviour see previous blogs HERE), David Gauke, stated at the time ‘current divorce laws are out of touch with modern life’. Indeed, much has changed in terms of our social values since 1973.

At the heart of many of these case are children, who are the paramount consideration of the court, and reducing their exposure to family hostility is key.

For those looking to divorce in 2021, it seems that you may have a choice depending on when you petition for divorce. If you petition before autumn, the 1973 law will stand meaning that you will need to establish one of the five facts in support of your case that the marriage has irretrievably broken down. If you petition after the autumn, the new law should apply – at least we are hoping that this timetable will stay in place and not be moved any further forward.

At Onions & Davies Solicitors we offer a fixed fee for a straightforward divorce, so that you know what you are paying from the outset. We also offer invaluable advice and assistance in respect of resolving financial matters on divorce. If you would like an appointment with one of our friendly family team, please call Sharon on 01630 411226.

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