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The Divorce Reform Act 2022, which passed into law in April 2022, is the most significant change to divorce laws in England and Wales in decades. The new law aims to modernize the divorce process and make it easier for couples to divorce without assigning blame.
The previous law required one spouse to prove that the marriage had broken down irretrievably. The only was to do this under previous law, was by proving one of the five “facts”. This process either forced spouses to assign blame or wait for long periods of separation. The five facts included admitted adultery, unreasonable behaviour, desertion of one spouse by the other, separation of two years with consent of both parties to divorce or separation of five years. These strict criteria meant that either a divorce required parties to take a less amicable route of assigning blame, often causing unnecessary tension; or to wait a significant period of time to issue the divorce leaving them, in effect, living in limbo and unable to emotionally move forward. The system was heavily criticized for creating unnecessary conflict and bitterness between couples who are already in a difficult situation.
The Divorce Reform Act 2022 aims to introduce a no-fault divorce system to allow couples to divorce without having to prove they have good reason to seek such an end to their relationship. Under the new law, couples will be able to apply for a “no-fault divorce”. Within the application they can simply state that the marriage has broken down irretrievably. They do not need to tell the Court why they feel this is the case. This removes the need for one spouse to blame the other for the breakdown of the marriage or wait for long periods to avoid apportioning blame.
There are some practical changes to the divorce process itself under the new law. For example, the terms used for certain steps have changed. You will no longer be told by your Lawyer that the court has granted your Decree Absolute, instead, the court will grant a Final Order of Divorce. Couples also cannot apply for the Conditional Order of Divorce (previously the Decree Nisi) until 20 weeks has passed after the proceedings are issued. This waiting period gives couples more time to consider reconciliation and work on their relationship if they wish to do so. It also ensures that couples have time to sort out practical issues such as finances and arrangements for any children. These difficult and complicated issues can be tackled by our highly trained and dedicated Family team, here at Meadows Ryan Solicitors.
Some concerns have been raised about the potential impact of the new law on children of divorcing couples. Some argue that the new law could make it easier for couples to divorce without fully considering the reality of ending their marriage. Others argue that the 20-week waiting period could lead to unnecessary delays and prolong the emotional strain on families. In all however, most of the feedback has been positive with couples often breathing a sigh of relief that they do not have to apportion blame to end their marriage.
The Divorce Reform Act 2022 has been widely welcomed by family lawyers and campaigners who have long called for a more modern and compassionate approach to divorce. It is hoped that the new law will reduce the acrimony and conflict that can arise during the divorce process and enable couples to separate more amicably.
If you have any queries about the changes to laws around divorce or need advice on any family law matters, please speak to our family team on 01932 852 057 or by emailing info@meadowsryan.com
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