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No Fault Divorce – How does it affect you?

“The Divorce, Dissolution and Separation Bill” received Royal Assent on 25 June 2020, having gone through its parliamentary journey following on from many years of campaigning by family lawyers and supporters. This bill is anticipated to reform the divorce and separation process, as it seeks to minimise conflict and hostilities between divorcing couples.

Currently, divorcing couples have to rely on a divorce petition on one of five facts in support of the irretrievable breakdown of their marriage. Unless couples have been separated for 2 years or more, the only available “facts” in support of the breakdown of the marriage require one party to put blame on the other person for the failure of the marriage.

The new divorce bill will remove the “blame game”, with one party simply being able to state that the marriage has broken down irretrievably. Alternatively, the divorcing couple can put forward a joint application in circumstances where it is a mutual decision to commence divorce proceedings.

However, the new divorce bill means that new court forms and a new process needs to be developed in line with the new legislation. The Law Gazette suggests that no-fault divorce will not be available until at least Autumn 2021 to allow for the necessary changes to be made.

If you are someone who is currently seeking a divorce, we understand that you may not feel able to wait until you can access a “no-fault divorce” which leaves you with the current procedure. Our family solicitors at Betteridges are experts at guiding you through the current divorce law in an amicable and non-confrontational way. Please do not hesitate to contact us on 03331 212345 or to discuss your situation.

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