Aidan Jones, chief executive at relationships charity, Relate tells The Independent that one of the biggest positives of the new law is that it won’t cause further bad feeling between couples, which family and children have to deal with. For all the facts please read on. The government’s Divorce, Dissolution and Separation Act 2020 will reform the divorce process to remove the concept of fault. First promised by the government in April 2018, divorcing couples have now been waiting nearly a year for the arrival of the bill, which is likely to revolutionise marriage split with the introduction of ‘no-fault’ divorce. (Photo by Frazer Harrison/Getty Images), LOS ANGELES, CA - DECEMBER 06: Singer Katy Perry and actor/comedian Russell Brand arrive at the premiere of Touchstone Pictures and Miramax Films' "The Tempest" at the El Capitan Theatre on December 6, 2010 in Los Angeles, California. According the Government, the purpose of the Bill is to “remove issues that create conflict within the divorce process to strengthen family support [by] ensuring that the decision to divorce is a considered one, and reducing family conflict where reconciliation is not possible and divorce is inevitable.”. Indefinite And if one partner contests the divorce then this period has to be a minimum of five years before they’ll be considered eligible for divorce. Why should the court be involved in deciding whether a marriage has broken down, when couples are encouraged to resolve disputes arising from the breakdown of the marriage such as via mediation to reach a solution. UPDATE 2/11/2020 In line with the Prime Minister’s announcement of a further national lockdown, are continuing to work hard to safeguard our offices with client and staff safety as the... Governing Documents – Partnership Agreements and Shareholder Agreements. Domestic violence applications or applications that relate to children in a divorce should be available during this reflection period. Many legal professionals feel current divorce law is out of date, particularly following the 2018 Owens v Owens case.. Click this text to read our privacy policy. We believe the current court fee of £550 for divorce applications is too high and discriminates against those less able to afford it. The existing Open Comments threads will continue to exist for those who do not subscribe to Independent Premium. If the couple isn’t able to do so, they face two years of living apart in a ‘separation’ period before the marriage can be legally dissolved, even if the decision is mutual. © Copyright 2020. The code encourages family lawyers to share and agree the content of a petition before it is sent to the court and to avoid detailed and lengthy particulars of behaviour. The husband did not accept the marriage had broken down and argued that any difficulties were routine for any marriage. Willis is so chummy with his ex that he attended her wedding to Ashton Kutcher. A system comprised only of no-fault facts is a concept that has had long-term support.Contrary to the assertionthat Owens V Owens provides little support for the introduction of no-fault divorce, the decision provides a stellar illustration of the weaknesses in the Matrimonial Causes Act 1973 (MCA). replace the ‘five facts’ with a new requirement to provide a statement of irretrievable breakdown, remove the possibility of contesting the divorce, introduce an option for a joint application, make sure language is in plain English, for example, changing ‘decree nisi’ to conditional order and ‘decree absolute’ to final order, the principle of a divorce based on the statement of irretrievable breakdown of marriage, the notice period – it should start when a partner receives their spouse’s divorce application (date of service) rather than from the start of proceedings (when one spouse applies for divorce), financial proceedings – if financial proceedings (Form A) have started, no final order should be granted until a financial order has been made if either party might suffer financial prejudice by a final decree before the final financial settlement, court fee costs – the new online divorce system will cut administration costs for the courts, so this should be reflected in application fees, the period of reflection – there should be a three-month reflection period at the beginning of the divorce proceedings to allow separating couples time to consider their situation and get the legal advice they need. Research from Relate shows that conflict between parents is the most damaging thing for children during divorce proceedings. “Promoting a system which encourages a conciliatory approach will also benefit children, who, if exposed to animosity between separating parents, can suffer emotional harm,” she says. Create a commenting name to join the debate, There are no Independent Premium comments yet - be the first to add your thoughts, There are no comments yet - be the first to add your thoughts. The adversarial system of divorce would seem to have been designed to dissuade couples from divorcing by forcing one spouse to blame the other, when there could have been no fault from either party. 1 Month For further information on alternative Online Dispute Resolution (ODR) visit www.ec.europa.eu/consumers/odr. Necessary cookies are absolutely essential for the website to function properly. But opting out of some of these cookies may affect your browsing experience. “The institution of marriage will always be vitally important, but we must never allow a situation where our laws exacerbate conflict and harm a child’s upbringing. No-fault divorce will reduce conflict, allowing couples to focus on important issues like children, property and finances. Current divorce law in England and Wales does not allow one party to unilaterally decide to divorce because they are unhappy in the marriage. #proud, New blog: Divorce During the Coronavirus COVID-19 Crisis in the UK https://www.rainscourt.com/divorce-during-the-coronavirus-covid-19-crisis-in-the-uk/?utm_campaign=twitter&utm_medium=twitter&utm_source=twitter #divorce #familylaw, New page: Moving House During the COVID Crisis https://www.rainscourt.com/moving-house-during-the-covid-crisis/?utm_campaign=twitter&utm_medium=twitter&utm_source=twitter #divorce #familylaw, New page: Coronovius COVID-19 Family Law Resource Centre https://www.rainscourt.com/covid/?utm_campaign=twitter&utm_medium=twitter&utm_source=twitter #divorce #familylaw, New page: Finances and Coronavirus https://www.rainscourt.com/finances-and-coronavirus/?utm_campaign=twitter&utm_medium=twitter&utm_source=twitter #divorce #familylaw. (Photo by Andrew H. Walker/Getty Images), WEST HOLLYWOOD, CA - FEBRUARY 26: Actors Katie Holmes and Tom Cruise arrive at the 2012 Vanity Fair Oscar Party hosted by Graydon Carter at Sunset Tower on February 26, 2012 in West Hollywood, California. As a member of Resolution WSP Solicitors Family Team subscribe to a code of conduct to deal with family law matters in a way to reduce or manage any conflict and confrontation; for example, by not using inflammatory language. She stated that this together with other behaviours by her husband toward her made it unreasonable for her to live with him. Brad & Jennifer First: Jennifer Aniston had to cope with reports that her husband, Brad Pitt, was playing away with Angelina Jolie on the set of Mr & Mrs Smith. Arguably the current divorce process is archaic and requires reform. Click to select the duration you give consent until. We support legislation to introduce no-fault divorce. “It will also stop one partner contesting a divorce if the other wants one – which in some cases has allowed domestic abusers to exercise further coercive control over their victim.”. This move is also supported by Resolution, of which the Family Law Team at Cunningtons are all members. The Act was passed in June 2020 and the government is working on implementation of the changes. No-Fault Divorce: The current law Under the current law in England and Wales there is one ground for divorce , namely the irretrievable breakdown of the marriage, thereby an individual must rely upon one of five facts, namely adultery, unreasonable behaviour, desertion, two year separation with consent of the other spouse and five year separation. “Our current divorce laws encourage increased animosity between parting couples because they are led to decide who is ‘at fault’ and why. You also have the option to opt-out of these cookies. Looking further afield than the UK, many recent studies have also found no effect or just a temporary effect of no-fault divorce on divorce rates.
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