Family Law: No-fault divorce

The Government confirmed in April 2019 that divorce law in England and Wales would be changing, with the introduction of no-fault divorce. Ending years of campaigning to reform the divorce process to remove the concept of fault starting in April 2022. Allowing for no-fault divorce. This also applies to civil partnership dissolution.

This will bring an end to parties having to prove one of the five accepted reasons for divorce; –

  • Adultery
  • Unreasonable behaviour
  • Desertion of two years
  • Separation of two years with the consent to divorce
  • Separation of five years without consent

Changes to the divorce process

So, what are the changes? Divorce applications will be made by either party or jointly by both spouses. This change to allows a joint application and a bid to encourage spouses to work together in ending their relationship. Here at Keelys we offer local family law professional services to help you through the process.

It will no longer be possible to contest a divorce

Under the current law, one party submits a divorce petition citing their spouse’s behaviour or period of separation as the grounds for divorce. But their spouse can contest this. Under the new no-fault system, this option will be withdrawn. In effect, it removes the adversarial basis of many divorce cases, leading many to call it the biggest change in UK family law in 50 years.

Positive impact on making child arrangements

It is common that couples may find themselves feeling confrontational towards each other as factors such as child arrangements, financial settlements and the added heightened emotions can exacerbate reactions and decisions. Removing blame may help both parties avoid unnecessary conflict and shift their focus away from the past to plan on how to move forward. This can have a positive impact on making mutual decisions on their children’s welfare and arrangements for the future.

Both spouses agreeing to the decision to divorce

No fault divorce still offers the opposing spouse the option to contest in the way they would in a traditional divorce. If this was to happen, the case would be put before a judge. To avoid the case going to Court, Keelys family law team will offer support with where both parties agree on an ADR (alternative dispute resolution) such as mediation.

Our local services and team

As established family law solicitors, we understand there is nothing more stressful than a breakdown of a relationship. Our friendly and sensitive team offer support and guidance when you need it most in a caring, professional manner.  All our team proudly follow the Resolution code of practice designed to try and resolve matters without the need for costly and stressful Court battles.  We are based in Lichfield and serve all Staffordshire areas.

Reassurance when considering divorce and separation

We understand every case is personal. we listen to what you want to achieve and how you want to achieve it.   Providing clear professional advice in a reassuring, caring and practical way backed by many years of experience specialising in this area of law.  Rest assured that we will guide you to resolve your issues in the most cost effective and appropriate way for you. For more information, call us on 01543 420000 or visit Keelys family law

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