The New Divorce Process: No Fault Divorce in England and Wales

After much delay, the new divorce system, commonly referred to as the ‘no-fault divorce system’ has finally come into effect via the Divorce, Dissolution and Separation Act 2020. The new system is designed to make the process of divorce less adversarial and will hopefully assist the parties in reducing their legal costs in the long run. It has also garnered significant support, both from practitioners and legal institutions such as the Law Society.

So, what does the new system involve?

Well, unlike the old system, the applicant is no longer required to provide evidence of a fault alleged to have been committed by the other party (such as adultery or unreasonable behaviour). Instead, the applicant is now required to submit a ‘statement of irretrievable breakdown of the marriage’. This statement, unlike the old process, cannot be defended on grounds that the marriage has not broken down and thus the risk of costly defended divorce proceedings has been greatly reduced.

Additional changes include, but are not limited to, changes on who can apply (it is now possible to submit a joint application which was not possible under the old system), and changes to the language used (many terms have now been converted into plain English to help further assist the parties e.g. Decree Absolute is now referred to as Final Order).

However, it should be noted that while some of the elements have changed, others have stayed the same and so it is always advisable to arrange to speak to one of our specialists in our family department before proceeding.

I would like advice as to how best to proceed. Who should I contact?

You are more than welcome to contact us on 01305 768888 or email contact@pengillys.co.uk and a member of our family department will be happy to discuss the above further with you. Equally, if you have any other legal concerns, please contact us on the above and we will put you in contact with our specialist lawyers.

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