No Fault Divorce from April 2022
Finally, a date has been set when couples can get divorced without having to blame each other and this has been welcomed by family law solicitors and divorce lawyers.
The 6th April 2022 is D-day for the Divorce, Dissolution and Separation Act 2020, which allows married couples to divorce without assigning blame.
“This is a very welcome Act and I am very pleased after much delay it is now fixed as a matter of Parliamentary record. Divorce is not always a blame game and so this gives couples some peace of mind moving forward,” said divorce and family law solicitor Lucinda McWatt.
“Sometime a marriage has just run its course and no one is to blame but archaic laws have meant that for over 50 years one person has to shoulder blame. When there are young children in a marriage sometimes they do not understand and the previous need for blame could have an effect on them.
In my experience it has also led to previously amicable couples focusing on unhappy times and apportioning blame has not led to the amicable split they previously wanted, so I am looking forward to advising couples and dealing with no-fault divorces from next year,” she added.
Grounds for Divorce
Currently the law states that unless you have been separated for 2 years with consent, or 5 years without consent, you have to divorce on the grounds of adultery or unreasonable behaviour and recently almost 60% of divorces in England and Wales were granted in this way.
Lucinda is an accredited Resolution specialist and accredited in Complex Financial Provision on Divorce/Dissolution of Civil Partnerships and Children Law and adds that no matter how amicable the split couples should always take appropriate advice when it comes to pension sharing and financial matters.
“With no fault divorce couple may think the process will be straightforward and be tempted by the diy online packages, but there are so many other issues involved so I would always advise at least speaking to a solicitor in the first instance for help and advice,” added Lucinda.
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Please note that the information and opinions contained in this article are not intended to be comprehensive, nor to provide legal advice. No responsibility for its accuracy or correctness is assumed by Pearson Solicitors and Financial Advisers Ltd or any of its members or employees. Professional legal advice should be obtained before taking, or refraining from taking, any action as a result of this article.