The blaming of one party within the divorce process is finally coming to an end and the Government has committed to introduce this on 6th April 2022.
On that date the Divorce, Dissolution and Separation Act 2020 will come into force which will end the need for a “fact” to be established and to blame the other party for the breakdown of the marriage or civil partnership. In short, the new legislation will:
- Replace the current 5 facts – adultery, unreasonable behaviour, 2 years’ separation with consent, 5 years’ separation and desertion, with a new requirement to provide a statement of irretrievable breakdown.
- Remove the possibility of contesting the divorce.
- Introduce the option for a joint application.
- Make sure the language is in plain English.
It is hoped that the introduction of no-fault divorce or dissolution will reduce the acrimony between parties and enable them to focus upon the finances and children, without additional upset.
It is a misconception by many that adding “blame” to one party will impact upon financial settlement. It does not and it has been a long time since the court took into consideration any facts as the focus is on the needs of the parties.
Issues such as domestic abuse will still be considered, and cases are very much dealt with on their own facts. The process will also provide sufficient time for advice to be obtained in relation to all issues surrounding the breakdown of the marriage or civil partnership.
