20 July 2020

No-fault divorce to come into effect in Autumn 2021

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The Divorce, Dissolution and Separation Bill received Royal Assent on 15 June 2020. The new Bill includes details of reasons why the couple are permitted to provide for the breakdown in the relationship. According to the new changes under this Bill, one spouse no longer needed to assign a blame on the other spouse with the purposes of obtaining a divorce. This is called “no fault” divorce.

This new divorce system will mean that spouses will be able to jointly file their petition without having to blame each other being at fault, i.e. unreasonable behaviour of the party receiving the petition.

What does no fault divorce mean?

Under the current provisions, in order to initial divorce proceedings and obtain a divorce, the spouse filing petition has to blame the other, unless they have been separated from each other for a period of at least two years.

The introduction of the new system, the so-called “no-fault divorce”, will mean that spouses will be able to initiate proceedings for divorce jointly without having to blame each other. This makes it easier for divorcing couple to end their relationship more amicably and smoothly. This will not only make it easier for divorcing couple but also for their lawyers as they will be in a position to resolve the issues in a more constructive manner. If parties also have children, the new system will mean that any possible impact on children may be minimised.

Disclaimer:

The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Connaught Law and authors accept no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Connaught Law. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Connaught Law.

About the Author

Zehra Tamkan
Zehra works for a number of corporate immigration and family law clients. She advises on immigration matters including but not limited to applications under Tiers 1-5 of the Points Based System, EEA applications, domestic workers, students, family cases, including unmarried partner and marriage visas, settlement and applications for British citizenship.

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