Guest Blog – Marriage / Divorce Focus
Chris Broome – Chartered Financial Planner
It’s his fault.
No, it’s her fault.
And so the dispute would carry on until such time as something was agreed (or not).
This very common dispute would, at times, cause further unnecessary delay, negative emotion, and bitterness.
The good news is that, from 6th April 2022, couples will now be able to file for divorce or civil partnership dissolution, without assigning blame.
What does this mean?
We’ve asked our good friends from EMW to explain.
No Fault Divorce – What does it mean?
Stephen Smith – Principal – EMW Law
The Traditional System
Previously, if someone wished to divorce they either had to be separated for a prescribed period of time, or they would have to show an element of fault or blame, namely the respondent had committed adultery or behaved in such a way that the petitioner could not reasonably be expected to live with them.
The old law often led to conflict, even in separation cases where it was clear the marriage had broken down.
The No-Blame Approach
From the 6th April 2022, apportioning blame or relying upon a period of separation is not longer required and, instead, the only a requirement is to provide a statement of irretrievable breakdown of the marriage or civil partnership.
The hope is that the new law will reduce animosity and conflict.
Some key points: –
- The new Act removes the ability of a respondent, save in very limited circumstances, to defend the decision to divorce or end the civil partnership.
- Either or both parties can make the application for divorce, with a joint application being seen as a way to reduce conflict and to show a joint decision to end the marriage.
- The Act imposes a new minimum overall timeframe of 26 weeks (6 months) to provide a period of reflection, so that couples can be confident that divorce is the correct decision for them.
- In order to make the process more accessible for everyone, the Act replaces certain legal terminology with simpler language.
One key point, on a sole application the respondent can apply to the court for financial protection, namely to delay the decree absolute, until the court have considered their financial position but these applications cannot be made on a joint divorce application so a joint application may not necessarily work for everyone.
As with any change there will initially be some uncertainty. There are also areas where a party should consider obtaining legal advice, for example and as highlighted above, in relation to financial provision.
If you require any assistance then please contact Stephen Smith, principal in the Family Law Team.
The Family Team at EMW specialise in complex financial remedy claims, particularly those involving business owners and entrepreneurs as well as high net worth individuals.
Please note: This blog is for general information only and does not constitute advice. The information is aimed at retail clients only.