Changes to UK divorce laws 2022
Post date: 3.11.22
Ending The Blame Game What you need to know about UK Divorce Reform 2022 The introduction of no-fault divorce…
Ending The Blame Game
What you need to know about UK Divorce Reform 2022
The introduction of no-fault divorce is the first change to UK divorce law in 50 years but what does it mean? The government’s Divorce, Dissolution and Separation Act 2020 has drastically changed the divorce process by removing the concept of fault, so that the proceedings are simplified. Couples do not need to prove ‘fault’ anymore in order to be granted a divorce.
Before the new law was introduced couples were forced by outdated laws to either prove fault or to wait two years of separation before being able to divorce. The historic legal requirement to assign blame made it difficult for separating couples to reach an amicable agreement which often added to complications and emotional damage of divorce.
Divorce Simplified.
Divorce is never an easy process and the new no-fault divorce legislation aims to reduce conflict, allowing couples to focus on the really important issues like supporting their children ensuring their needs are prioritised, and dividing property and finances in a more amicable way.
Couples are now able to make a joint application for divorce
Divorce proceedings no longer have to be initiated by one partner alone, the couple can make a joint application. This change seeks to equalise the parties and removed barriers to an amicable separation.
Removal of the ability to contest a divorce
The ability to contest a divorce has been removed. As previously law, the person applying for a divorce needed to prove their partner’s behaviour was at fault in line with the ‘5 grounds for divorce’ or use a period of separation as the reason for the divorce. The party accused of the fault was able to then contest these reasons and potentially prevent the divorce.
Divorce can be granted without blame
The current law gives couples five ways to prove the breakdown of the marriage, without proving fault or waiting a minimum period of two years they are unable to divorce. Now all that is needed is for one or both parties to provide a legal statement to say the marriage has broken down irretrievably. This statement counts as conclusive evidence and cannot be contested.
Increased cooling off period
The law reform states a minimum period of 20 weeks between the initial application and the conditional order, plus another six weeks between the conditional and final orders. This increased the length of time a divorce will take but also allows both parties to fully understand the terms of separation fully.
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