6th April 2022 – End the blame game

It has now been confirmed that ‘no fault’ divorce will come into effect on 6th April 2022. This is a milestone in family law and one which has been long campaigned by many.

At present, divorce proceedings can only be commenced in England and Wales on the basis of the irretrievable breakdown of the marriage supported by one of 5 facts, namely:

• Adultery
• Behaviour
• 2 years separation (with consent)
• 5 years separation 
• Desertion

Save for those which provide for periods of separation, it is a fault-based system and requires one party to lay blame at the door of the other to commence proceedings. As family lawyers and members of Resolution, every effort is made to open up a dialogue before commencing proceedings to agree on the way forward and the contents of the petition either with your spouse/civil partner directly or their solicitor. Whilst not always possible (which will be case-specific), this is such an important step in setting the tone of the process and laying the groundwork for dealing openly and constructively with ancillary issues including finances and children.

Bringing an end to the blame game has been long-awaited and we certainly welcome a world in which we can assist clients, going through one of the most emotionally and mentally challenging aspects of their lives, with the best start possible in such circumstances.

It’s important to remember that the above changes do not alter how financial or child arrangements are dealt with, these are still dealt with separately and we recommend obtaining advice as to your particular circumstances.

We’ll be updating our blog with more information including the new look divorce petitions closer to the time, but in the meantime please do not hesitate to contact myself or Emma on any family law issues you may be facing. We are here to help.

By Nicki