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Get Ready for No-Fault Divorce

We have long supported the introduction of no-fault divorce, which comes into force on 6th April. This will make the divorce process blame-free, which will hopefully lead to less acrimony.

Yet with any change, even positive change, there are uncertainties about how the process will work in practice. So, we’ve summarised the main features of the new system to help you understand all you need to be ready for no-fault divorce.

The Divorce, Dissolution and Separation Act 2020, will reform the law from 6th April in the following ways:

  • People will only need to state the irretrievable breakdown of the marriage to apply for a divorce – the requirement to prove evidence of this has been removed, meaning there is no need for one party to blame the other.
  • Also removed is the ability to defend the decision to divorce or end a civil partnership – the other party will not be able to dispute whether the marriage has broken down.
  • For the first time people will be able to apply jointly, as well as solely, for divorce, dissolution, or separation.
  • The language around divorce will change – the Decree Nisi will be known as the Conditional Order, while the Decree Absolute becomes the Final Order.
  • A new 20-week period between the initial application and the application for a Conditional Order will be introduced to give the parties a period of reflection and a chance to resolve any issues such as child or financial arrangements.
  • A revised digital service for divorce applications will be introduced.

It is the hope that without the need to blame each other for the breakdown of the relationship, that couples can work together more collaboratively to bring the marriage to a legal end.

If you are thinking about divorce and separation, we offer a no obligation initial consultation of up to one hour for £50 (incl.VAT). This means you can sit down with one of our specialist family lawyers to learn how it might affect your personal circumstances. To book, please call us on 01444 472700, email info@tisshawssolicitors.co.uk or complete the form below.

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