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Explained: England's new ‘no-fault divorce’ that aims to end ’blame game' between couples
The new law allows couples to get divorced in a considerably shorter amount of time without requiring to point fingers at each other, and by stating that the marriage broke down beyond repair.
In one of the biggest revamp of divorce laws in England and Wales - part of Great Britain, unhappy couples can end their marriages without blaming each other. The Divorce, Dissolution and Separation Act (2020), which came into effect on Wednesday (April 6), does away with any “blame game” and instead helps separating spouses to focus on “key practical decisions involving children or their finances”, according to a statement by the UK government.
Known as the ‘no-fault divorce’, the said reforms in England and Wales bring the countries in line with Scotland, which has it own legal system, and also other nations such as the US, Australia and Germany.
The new law will permit couples to get divorced in a considerably shorter amount of time by stating that their marriage broke down “irretrievably”.
What does ‘no-fault divorce’ mean?
According to the UK government's statement, a ‘no-fault divorce’ means that a spouse, or a couple jointly, can apply for divorce. It explains that the new law removes “unnecessary finger-pointing and acrimony at a time where emotions are already running high, and spares children from witnessing their parents mudslinging”.
Furthermore, the ‘no-fault divorce’ ensures that one spouse cannot “vindictively” contest a divorce and lock their partner into an “unhappy marriage”.
“In some cases, domestic abusers can use their ability to challenge the process to further harm their victims or to trap them in the relationship. The reforms will put an end to this behaviour,” the government added in the statement.
What is the time limit before spouse(s) can avail of the Act?
There is a new minimum timeframe of 20 weeks between the start of proceedings and when couples may apply for a “conditional order of divorce”, the government statement read. This gap is meant to allow spouses time to reflect, and potentially turn back, and in case reconciliation is impossible then to agree on vital arrangements for the future - including those involving their kids, finances and properties.
What caused the Act to come info effect?
According to an AFP report, the case of one Tini Owens stirred up a campaign for the change after she lost a Supreme Court fight back in 2018, having failed to convince the judges that her 40-year marriage should end. Her husband had contested her claims of “unreasonable behaviour”, and the court ruled that being stuck in an unhappy marriage was not an independent reason for granting divorce.
What does the Act promise for future marriages?
A survey by law firm Slater and Gordon revealed 32 per cent of cohabiting participants saying they were more likely to tie the knot now that the divorce process was simpler. Experts have also predicted a surge in rates of marriage for the same reason. They, however, expect a rush of divorces too by couple who were waiting for the legal reform to take effect.
