The No Fault Based Divorce – What Will it Look Like? By Veronica Beard

Contemplating Divorce? You’ll want to know about the MASSIVE reform happening on the 6th of April. Check out this Blog post from our Head of Family Law, Veronica Beard.

On the 6th of April this year, we will see the biggest reform in divorce law for 50 years. It will transform the way divorce proceedings are conducted and will make the process far less confrontational for those parties seeking a divorce.

The new process will completely remove the current requirement to provide fault-based reasons for the breakdown of the marriage. All that now needs to be said is that the marriage has irretrievably broken down.

For Applicants seeking a divorce this is great news, the procedure will be far simpler and will remove the need for a specific response from the Respondent. For Respondents, the new rules may not be so welcome when considering there is to be no option to contest or defend the divorce. The Statement of Irretrievable Breakdown is effectively undefendable.

The hope behind the proceedings will be for a more amicable process to be conducted jointly where at all possible. The option to commence the proceedings as Joint Applicants at the outset is therefore encouraged. There will no longer be the option to seek a costs claim but it is expected that you will both pay the costs equally.

The timescale is of interest, the government has deliberately imposed a 20 week period from the commencement of the proceedings to the date of the Conditional Order. The intention behind this is to ensure that both parties have ample opportunity to consider whether the decision to bring the marriage to an end is correct. After a further 6 weeks, the Applicant can apply for the Final Order which will accordingly dissolve the marriage. The Final Order can be applied for by either of the joint Applicants.

The court will make the Final Order provided there are no unresolved financial applications, particularly those relating to pensions.

Remember that divorce is only one part of the process, the financial aspect is likely to be far more complex and obtaining solid clear advice at an early stage is very important.

If you need advice or assistance to obtain a divorce or financial settlement, please contact our Head of Family Law, Veronica Beard, via Veronica@bradleyhayneslaw.co.uk or 01905 900 919. She’ll be happy to have a conversation about how she can help your legal needs.