No Fault Divorce – Becoming A Reality

23rd June ‘20

Divorce, Dissolution and Separation Bill

Following my previous blog, “No fault divorce – close to becoming a reality” earlier this month, further progress was made last week in Parliament when no fault divorce was given the seal of approval following the Divorce, Dissolution and Separation Bill clearing the final stages of parliamentary scrutiny in the House of Commons. The Bill received approval from all political parties.

What does approval of the Bill mean

The approval of the Bill means no fault divorce will become law. For further details about the Bill please refer to my previous blog, but to summarise the new law will mean that those couples going through a divorce will no longer need to assign blame for the breakdown of the marriage. Presently, a couple seeking a divorce in England and Wales must either spend a minimum of two years separated; or one must blame the other for the marriage breakdown, citing adultery or unreasonable behaviour.

The reform in divorce law will end the blame game in divorce and ensure the process is kinder and minimises conflict. This change in the law is one of the most significant changes in family law in recent memory. The campaign for divorce reform has been pushed by family law professionals for over 30 years, which has been led by Resolution a national organisation representing over 6,500 family law professionals including myself.

What next?

Now the Bill has been approved a number of changes will have to be made to the Family Procedure Rules as well as amendments to the forms used during the divorce process. The Bill will then eventually receive royal assent turning the Bill into law. The start date for no fault divorces is not yet certain but it is predicted this will become a reality in Autumn 2021.

If you require support or guidance, do not hesitate to contact Naheed Taj. Naheed is Head of Family at Calibrate Law.

This post is intended to be a brief note for clients and other interested parties. The information is believed to be correct at the date of publication but should not be relied upon as a substitute for professional advice. 

This article was originally writeten by Marc Etherington.

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