Business

No Fault Divorce

Issue 82

On the 6th of April 2022, The Divorce, Dissolution and Separation Act 2020 came into force, bringing with it long-awaited reforms to the law governing the divorce process in England and Wales. This introduction of a 'No Fault Divorce' represented the biggest shake up in divorce law for more than half a century.

No longer do separating couples need to apportion blame for the breakdown of their marriage, or live separate and apart for lengthy periods of time, to be entitled to a divorce. Accompanied by new terminology and timescales, the changes mean that a spouse, or a couple jointly, can now apply for a divorce simply on the basis that their marriage has broken down irretrievably.

The need for unnecessary ‘finger-pointing’ is removed and the, at times, lengthy delays that resulted from the requirement to live apart for significant periods of time are no more. Vexatious spouses are in difficulty contesting a divorce and locking their spouse into an unhappy marriage.

Carolyne Hargreaves, the Partner who heads up the Family Law Department at PGS Law, said of the changes: “We very much welcome the ‘No Fault Divorce’ legislation as both simplifying the process and providing clients with an opportunity to focus on resolving other aspects of their separation, such as achieving a financial settlement or making arrangements for children. “It is the right change. Divorce is difficult and removing the element of blame is welcomed.

“Here at PGS Law, we listen and support our clients throughout. No matter what their family situation is, it will be familiar to our team of experienced family lawyers. We work closely with our clients to provide clear, tailored advice and very much look forward to guiding our clients through the new process.”

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