After years of rallying and debate, the Divorce Dissolution and Separation Act (DDSA) received Royal Assent and the law governing divorce was reformed after having been in existence for nearly 50 years. The new regime came into force on 6 April 2022. It is now possible for one solicitor to act in an agreed divorce, and couples can apply jointly for a divorce without attributing blame to either party.
Shortlands is a boutique family law firm with over 20 years’ experience in dealing with the trials and tribulations of a divorce and all family law matters. As a result, we have become the first choice of family law specialists in London.
The no-fault divorce process means that many outdated laws will be brought into the 21st century. The case of Owens v Owens (2018) highlighted how out of touch the current divorce law is with current society.
The Act promoting no-fault divorce was passed in June 2020. It came into force on 6 April 2022, reforming divorce law after almost 50 years.
The new legislation will:
1. Replace the five facts with a new requirement to provide a statement of irretrievable breakdown of the marriage
2. Remove the possibility of contesting the divorce
3. Introduce an option for a joint application
4. Make sure the language used is in plain English; for example, “Decree Nisi” will be called “Conditional Order” and “Decree Absolute” called a “Final Order”.
5. These changes will also apply to the dissolution of Civil Partnerships.
It is hoped that the introduction of the no-fault divorce process will reduce conflict and animosity, allowing couples to focus on the important issues of children, property and finances.
The new no-fault divorce procedure will also take away the misconception that by apportioning “fault”, there will be an advantage in terms of the financial settlement. It is very rare for the court to use one party’s conduct to the advantage of the other in a financial case.
Contrary to the thoughts of some campaigners objecting to the implementation of the no-fault divorce procedure, the new procedure is highly unlikely to result in an increase in couples divorcing. In fact, it will make the process cheaper and less stressful.
Our family law team in Hammersmith, London, handles no-fault divorce cases with the professionalism and sensitivity the process demands. Speak to us today by calling 020 7629 9905, emailing info@shortlands.co.uk, or booking an initial online consultation.
Neither spouse has to give a reason for the breakdown of the marriage and blame their partner. This provides a more neutral and respectful basis for the process. It allows you to focus on arrangements for the future, rather than fighting over the past.
Yes, anyone married under English law can apply for no-fault divorce. It applies to both opposite-sex and same-sex marriages. The system was intended to be accessible and straightforward for everyone.
It is extremely rare for a no-fault divorce to be challenged. Challenges can only be made on technical grounds, such as jurisdiction or validity of the marriage. This greatly reduces the chances of delays caused by disputes.
It makes the process simpler, but the statutory waiting periods still apply. These timeframes ensure both parties have enough space to reflect before finalising the divorce. We help you use this time productively to prepare financial or childcare arrangements. Contact us in London, Manchester or Birmingham to make updates quickly and securely with professional advice.
No, you can apply if you are still living together. In practice many couples do this in the early stages because of financial or practical reasons. It is the overall breakdown of the marriage that the court is concerned with, not just physical separation.
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