The No-Fault Divorce – the end of the blame game

After being considered, debated, postponed again, no-fault divorce is set to come into force in April 2022 – but what does it mean for divorcing couples in the future?

The current law

As the law stands, married couples who want to divorce as quickly as possible can only do so by relying on one of two reasons; adultery or unreasonable behaviour.  Any couple wishing to avoid the allocation of blame is required to wait at least two years, and even then they will need one another’s consent. 

If you think this does not sound like a very productive approach, you are not alone – the no-fault divorce has been hailed by many as a very welcome change.

What’s changing?

The no-fault divorce will enable couples to avoid allocating blame to either party, but the changes do not stop there. The new law stipulates a minimum time frame of six months before a divorce can be finalised, to allow each party the opportunity to reflect on their decision to end their marriage.  Whether this will change current practice that much remains to be seen.  The fact is, it’s never advisable to formally end a marriage before a legally binding financing settlement is in place, which does not often happen in less than six months. 

Why the change?

For supporters of the new law, it is very simple.  Divorce is hard enough for everyone involved, without the element of blame.   When couples are trying to negotiate financial settlements and work out arrangements for the children, why is time wasted on unnecessarily placing blame, particularly if the dust has settled between the parties? 

Ultimately, it’s the aim of family law to achieve fairness, balance and a better future for everyone involved, as swiftly and painlessly as possible.  For many couples, this can happen perfectly well without allocating blame.

Support for no-fault divorce has been overwhelming, but that’s not to say it’s the right path for everyone.  It is vital to seek independent legal advice before making any decisions about ending your marriage.  Only then can you ensure your interests and future are protected.

If you have any questions about this or any other aspect of your separation or divorce, please call Robert Bellhouse on York 01904 716000, Wetherby 01937 583210 or Malton 01653 692247 or email Robert.Bellhouse@warekay.co.uk