On the 6th April 2022 new legislation – the Divorce, Dissolution and Separation Act – came into power with the intention of removing some of the issues which can make the end of a marriage acrimonious, with the creation of ‘no fault’ divorces.
For most couples divorce can be one of the most stressful periods of their life, a fact that has led to one of the most significant changes in family law in decades. On the 6th April 2022 new legislation – the Divorce, Dissolution and Separation Act – came into power with the intention of removing some of the issues which can make the end of a marriage acrimonious, with the creation of ‘no fault’ divorces. Previously, there was a requirement to provide evidence of separation or the need to allege fault on the part of your spouse; but now all that is required is a statement confirming the marriage has irretrievably broken down.
This monumental change removed one of the most emotive aspects of the divorce process as it removed the blame culture element. Where once there was a divorce petition, there is now an application and the petitioner has now become the applicant. Similarly, a decree nisi has become a conditional divorce order and a decree absolute the final divorce order. Although the change in language may not seem significant, it is another attempt to simplify the process.
Attempts to make the process less confrontational extends to another change in the divorce laws, with a divorce application now being capable of being made by either one party, or jointly by both parties.
Although the divorce process has changed significantly the changes are limited to the divorce itself, they have no impact on other aspects of the breakdown of a marriage such as how the Court looks at the division of assets, financial provision, or child arrangements. Those issues will still need to be addressed and the law in those areas has not altered. There are various routes by which a couple can resolve finances and child arrangements; be it through the courts, negotiation, arbitration, mediation or collaborative law. There is no one best way to deal with any one case as each case is individual and for that reason legal advice at an early stage is vital.
Our joint head of the private family department, Zoe Tansley, said; “The move to no fault divorce is to be welcomed, as it is hoped that it will make the process easier for people to understand and less stressful a process. That said, there remain aspects of a separation which can often cause contention and upset such as the resolution of a couple’s finances and their children’s future living arrangements. It is therefore essential that anyone who finds themselves in the position of having to consider a divorce seeks legal advice at the earliest opportunity. At Freers Askew Bunting Solicitors we have a large team of highly skilled solicitors who are committed to assisting clients to reach positive and amicable outcomes in what can often be very difficult and stressful circumstances. We are more than happy to discuss the options available to anyone who finds themselves in that position.”
Freers Askew Bunting Solicitors are a long-established local firm, with offices in; Middlesbrough, Guisborough, Stokesley and Hartlepool. If we can be of assistance please contact us today on 01642 244666 or enquiries@fabsolicitors.co.uk
