Next year will see the biggest shake up in divorce laws for a generation with the introduction of ‘no-fault’ divorce.

Here, Andrea Huckstepp, a Chartered Legal Executive in our family law team who has been in practice for over 25 years, explains what this will mean for couples who are separating.

The current divorce laws have been in place since 1973 and have been in need of reform. Divorcing couples currently have had to apportion blame to their spouse to obtain a divorce unless they are prepared to wait two years but this is set to change.

The Divorce, Dissolution and Separation Bill received Royal Assent in June 2020 and it will be implemented in 2021. The new legislation aims to:

• Minimise/reduce conflict and confrontation between separating parties, and
• Make it easier to resolve issues arising from separation.

If spouses do not wish to wait for two years before divorcing, it will no longer be necessary for one of the parties to state that the marriage has broken down as a result of the other’s adultery or unreasonable behaviour.

Parties will simply need to say that the marriage has broken down irretrievably and, if they wish, couples will be able to petition for divorce jointly under the legislation. This can be done in a joint statement or by an individual.

It was widely accepted that reform was needed for the 100,000 plus divorces each year and many commentators are saying that the new system will be more civilised, dignified and fit for the 21st century.

Because the detail of the rules around the new process, as well as court forms and the online portal, will need to be looked at in light of the new legislation, no-fault divorces are likely to become a reality in England and Wales in late 2021.

Our family lawyers recognise that separating couples face uncertainty during a difficult time of their lives.

Boys & Maughan Solicitors welcomes these legal changes. In future we are expecting it to be possible for couples to find it easier to resolve matters constructively and amicably, thereby reducing the impact on any children they may have.

Our family team includes Resolution Accredited Specialists, which means they are recognised members of Resolution Family Law organisation as demonstrating excellence in the practice of family law.

Your separation will be approached and conducted in a conciliatory, non-confrontational way in order to achieve a fair outcome. 

Contact any of our divorce and separation specialists directly if you would like advice or you would be welcome to ring us on 01843 234000.