The No Fault Divorce Law will come into effect in April 2022. These changes in the law will advance the divorce procedure making it a quicker, cheaper, and a less disruptive process. If you are considering starting a divorce, read more to understand how the upcoming changes in divorce law will make the divorce process easier for you.  

  1. 1. Blame Games 

After April 2022 it will no longer be a requirement when getting a divorce, for couples to provide a reason for the breakdown of the marriage. Under the current law you are required to provide one of these five reasons for divorcing your spouse. These are adultery, unreasonable behaviour, five year’s separation, two year’s separation or desertion.  

Hence the name ‘no fault’, putting blame on your partner for the breakdown of the marriage will no longer be necessary under the new rules. The divorce process will become less confrontational. Confronting your partner with the reasons for why they have contributed to the breakdown of the marriage can cause more upset or anger and lead to further delays and conflict. If you find talking about the negative aspects of your relationship difficult, the changes in the law will mean speaking so publicity about these conflicts will be a thing of the past.  

When children are involved focusing on what a bad partner your spouse is can make it difficult to focus on what a good parent they can be. When spouses no longer need to point fingers at each other it can make co – parenting easier.  

 

  1. 20 Week Cool off period  

As it currently stands there are two stages in the divorce process, the Decree Nisi and Decree Absolute. The formal names of these stages will change to Conditional Order and Final Order. After the Conditional Order is granted, there is a minimum twenty week cool off period. This period will be an advantage to you as it will provide you with time to reflect on your separation and work out any differences before finalising your divorce. The divorce can then be finalised with the Final Order application.  

  1. Joint Application  

Couples will have the opportunity to apply for a divorce jointly. Currently only one spouse can start the divorce application. As a result couples are split in two parties, the applicant, and the respondent, this can cause division. A joint application can create a smoother process as you and your partner can apply for a divorce together. This will increase the opportunity for an amicable divorce.  

  1. Contesting an application  

It will no longer be possible to contest or defend a divorce. Under the current law your partner can contest your divorce petition if they do not agree with the reasons for your divorce or do not wish to end the marriage. From April 2022 the opportunity to contest a divorce will be removed. A contested divorce can be time consuming and expensive. The No Fault Divorce Law will stop these challenges from potentially happening in the divorce process.  

If you would like to discuss any of the issues in this article then please contact one of our specialist family law solicitors.