What has just happened?
No-fault divorces are closer to becoming a reality in England and Wales. The Divorce, Dissolution and Separation Bill was passed by MPs on Monday 8th June 2020 by 231 votes to 16. Couples who seek divorce will no longer be forced to attribute blame, the new law will allow one spouse - or the couple jointly to make a statement of irretrievable breakdown[1] as the main reason for seeking a divorce.
Justice Secretary and Lord Chancellor Rt Hon Robert Buckland QC MP stated, our reforms will stop divorcing couples having to make unnecessary allegations against one another and instead help them focus on separating amicably. [2]
What does this mean?
The Matrimonial Causes Act 1973 forms the basis for current divorce law in England and Wales, it requires people seeking a divorce to demonstrate one of five facts to establish the irretrievable breakdown of the marriage. The five facts are: ‘unreasonable behaviour’, adultery, desertion, 2 years’ separation (if the other spouse consents to the divorce) if not 5 years’ of separation.[3]
The new Bill will introduce a 20-week period between the initial petition stage and when the court grants the provisional decree of divorce (the ‘decree nisi’).[4] It also prevents a partner’s ability to contest a divorce although, this only happens 2% of the time, it will provide people in abusive relationships further protection from their abusers.
The lack of attribution of blame this bill allows will reduce the conflict experienced by both divorcees and their families, easing the experience for those who have children and removing the two-year period previously required after separation before the finalisation of the divorce.
How does it impact the legal sector?
The Divorce, Dissolution and Separation Bill is one of the most drastic changes to divorce law in decades. Owens v Owens (2018) highlighted the need for this crucial change in divorce law when the case reached the Supreme Court. Mrs. Owens was forced to remain married to Mr. Owens for five years from the date of their separation, despite their marriage clearly having broken down. [5]
The new law will prevent this from occurring again as the requirement to provide evidence of conduct or separation with one of a number of ‘facts’ has been removed, and instead, the petitioner will simply be required to provide a statement confirming irretrievable breakdown.[6] No longer will anyone be forced to stay in a marriage they wish to end.
The Divorce, Dissolution and Separation Bill is welcomed within the legal sector, The Law Society stating, “We welcome and support the government’s introduction of ‘no-fault’ divorce in this Bill.” England and Wales are now set to join America, the Netherlands and Scotland who also practice no-fault divorce.
Written by Venus Amon
Assessing Firms
#CharlesRussellSpeechlysLLP #DawsonCornwell #Farrer&Co #HughesFowlerCarruthers #MishcondeReyaLLP #PayneHicksBeach #WithersLLP #AlexiouFisherPhilippsLLP #Freemans #GoodmanRay #HuntersLawLLP #KingsleyNapleyLLP #LevisonMeltzerPigott #PenningtonsManchesCooperLLP #Russell-CookeLLP
References
[1] Ministry of Justice, Divorce ‘blame game’ to end, 2020, https://www.gov.uk/government/news/divorce-blame-game-to-end
[2] Ibid
[3] Ibid
[4] ibid
[5] Michael Finnegan, The Divorce, Dissolution and Separation Bill: Reform and its Implications, 2020, https://www.burges-salmon.com/news-and-insight/legal-updates/private-client/the-divorce-dissolution-and-separation-bill-reform-and-its-implications/
[6] Ibid
Disclaimer: This article (and any information accessed through links in this article) is provided for information purposes only and does not constitute legal advice.