Award Winning family mediation | The 6 April 2022 will, in future, be remembered by the legal profession as the day when the ‘biggest shake-up’ in divorce laws came into force.
Today, under the Divorce Dissolution & Separation Act, married couples in England and Wales will be able to apply for a ‘No Fault Divorce’.
Under existing legislation, those who wish to divorce may do so based upon one ground - that ‘their marriage has irretrievably broken down’. However, they have to be able to prove this by relying upon one of the following 5 facts: 5 years separation, 2 years’ separation with consent, Adultery, Desertion or Unreasonable Behaviour. Often some of these facts do not apply leaving separated parties with little choice but to consider having to ‘blame’ the other spouse, which can cause conflict.
That has changed today. Couples now seeking to separate amicably can do so without having to feel like they need to place blame on the other party.
At long last, this change now means that there will no longer be a need to attribute blame. The aim of the new process is to reduce conflict when relationships break down and, under the new procedure, a No Fault Divorce can be started by one or both spouses on a joint application.
Under the new process, a Respondent cannot contest a Petitioner’s decision to bring the marriage to an end as there are no facts to dispute. This is a significant shift from current legislation which allows parties to oppose a fault-based petition which can lead to lengthy litigation and extensive costs.
Winstanley Mediation is a Family Mediation Service, so we cannot give you legal advice, although we can discuss the divorce process and your options with you and your spouse if you mediate.
For more information contact us on 07949 568 101 or email This email address is being protected from spambots. You need JavaScript enabled to view it.