It is a change Family practitioners have long campaigning for and on June 6th the Government finally confirmed the introduction of so-called “no fault” divorces from Spring next year. (Please see https://www.legislation.gov.uk/ukpga/2020/11/contents/enacted)
Currently when getting divorced the Petitioner has to cite one of five “facts” that evidences the irretrievable breakdown of the marriage. These facts are as follows:
- Adultery
- Unreasonable Behaviour
- Two Years Separation with Consent
- Five Years Separation without Consent or
- Desertion
Basing a divorce on allegations of Unreasonable Behaviour, for example, makes the process confrontational from the outset because the Petitioner must persuade a Judge that their spouse’s behaviour is so intolerable that they cannot be expected to remain married to them. All the blame is therefore focused on one party’s conduct.
Examples of allegations commonly cited include controlling and coercive behaviour, substance abuse and inappropriate extra-marital relationships. Respondents’ typically become defensive when they realise that details of their sexual preferences, financial affairs and parenting methods are going to enter the public domain when the divorce petition containing the Petitioner’s allegations are filed with the Court.
Such a process invariably causes heightens sensitivities to escalate in an already emotionally charged situation. This often leads to a “mudslinging” competition for the remainder of the proceedings. Such developments are counter-productive and especially destructive for any children involved who typically feel torn between each parent.
Fortunately, however, the Government has finally sought to amend this adversarial process with one that does not allocate blame to one of the parties. The Divorce, Dissolution and Separation Act 2020 has removed the necessity of explaining why a marriage has irretrievably broken down. Instead the Court must satisfy itself with a declaration from a spouse stating that this has occurred.
Here at Nalders we are delighted that this divisive and outdated concept of assigning blame is to be revoked. If you are contemplating getting divorced and wish to discuss the new legislation governing the process, please do get in touch with Meg Hebbert on MHebbert@nalders.co.uk or alternatively on 01872 242414. Likewise, if you want to proceed with a divorce immediately, please be reassured that the Family Team at Nalders have many years’ experience navigating the current family law guidelines and will be able to assist you in any manner you require.
For more information please see www.resolution.org.uk.