New No-Fault Divorce Laws To Start In Autumn 2021
Last June the news of the biggest change to divorce laws in 50 years was lost in the news of a country in the grip of lockdown. The Divorce, Dissolution and Separation Bill, commonly known as the ‘No-Fault Divorce’ Bill received Royal Assent. Although the bill was made into an Act of Parliament, its reforms have not yet come into force. The new divorce laws are expected to be introduced in Autumn 2021.
What are the new divorce laws?
There are currently five facts that can be relied upon for divorce; adultery, unreasonable behaviour, desertion, two years of separation – with your spouse’s written consent to the divorce, and five years of separation – which does not require permission from your spouse.
This means that those who want to divorce on a consensual basis must live apart for a continuous period of at least two years before issuing their divorce petition and must have the other party consent.
If a couple wants to get divorced before the two-year separation period, one of the spouses must blame the other for the marriage’s failure, leading to increased levels of anger, resentment, and bitterness.
The new divorce laws will replace the five facts with a new requirement to provide a simple statement of irretrievable breakdown, which does away with appointing blame. This will undoubtedly reduce conflict between separating couples so they can focus on important issues such as children and finances.
Perhaps more importantly for some, the new divorce laws remove the possibility of contesting the divorce. This will be a welcome relief to those currently locked in marriage because their spouse refuses to a divorce.
Is there a downside to the new divorce laws?
While without question, the changes that the new divorce laws bring are positive, there is one potential downside. A new minimum 6-month timescale has been applied from initial application until the divorce is granted. The purpose is to allow couples time to reflect and possibly turn back, or agree on other important issues like the arrangements for children.
Those divorcing using the slower paper filing method used by solicitors won’t notice any difference, but those who benefit from Easy Online Divorce’s speed will. Easy Online Divorce processes divorces electronically, doing away for the need to post and receive mail, and even sign documents. Managing divorce online means that their divorces take only four months to complete on average compared to the UK’s average of 53 weeks.
If you want to divorce fast, you can schedule a free consultation at firstname.lastname@example.org to find out your rights and the options open to you. Alternatively give us a call on 020 4530 8101 or book a call back below.