No-fault divorce, one 12 months on

It’s one 12 months since we welcomed the arrival of no-fault divorce in England and Wales (sixth April 2022).

As the largest change to divorce regulation for many years, the appearance of the no-fault course of reworked divorce, separation, and civil partnership dissolution by eradicating the authorized requirement for blame.

For the previous 12 months, {couples} have been capable of file for divorce with out accepting fault or assigning blame to their associate, and with out fabricating a motive the place they don’t naturally match into the 5 beforehand accepted grounds for divorce.

No-fault divorce additionally eliminated the flexibility to contest a divorce.

What was it wish to divorce earlier than no-fault divorce?

Beforehand, regardless of the explanations for divorce or the non-public circumstances of a pair, there was a authorized requirement to attribute blame to just one social gathering, in the event that they wished to divorce in lower than two years.

The 5 causes, or grounds, for divorce included unreasonable behaviour, adultery, separation after two years with consent, separation after 5 years with out consent, or desertion.

Why was no-fault divorce was launched?

Having to distil occasions into one crystallised motive and assign blame to just one social gathering was unproductive for separating {couples} at finest and incessantly destroyed what was left of the connection.

As an alternative of battle and stress, no-fault divorce paved the best way for amicable collaboration, easing negotiations and decreasing the general psychological well being influence of divorce. It implies that events can discover a method to transfer ahead whereas specializing in the necessary points, akin to youngsters, funds, and property.

As well as, eradicating the flexibility to contest a divorce eliminated potential boundaries for victim-survivors of home abuse, and people trapped in controlling relationships.

Has no-fault divorce triggered a rise in divorce purposes?

Initially, there was an inflow of individuals beginning the divorce course of, however this was primarily individuals who had held again from beginning till the brand new system was launched, because it allowed a extra amicable method.

And whereas enquiries for divorce have been rising exponentially, and up to date statistics revealed that divorce purposes have risen to the very best stage in a decade, that is prone to be on account of a wide range of completely different causes, together with the Covid-19 pandemic, which put big strain on relationships, the ever deeper value of residing disaster, and the growing ease of a DIY divorce. 

DIY divorce / kitchen settlements

No-fault divorce has performed a task in altering the context by which {couples} select to undergo divorce. Anecdotally, increasingly individuals are turning to DIY divorce and ‘kitchen desk settlements’ (the place the couple sits on the desk to determine the ins-and-outs of the separation) to make their breakup official.

Nevertheless, it will be significant that {couples} take authorized and monetary recommendation to grasp the complete influence of the settlement, particularly concerning their long-term wants. 

One of the vital frequent potential pitfalls of a DIY divorce, the place folks haven’t sought authorized, pension or monetary recommendation, is choices across the household residence and the division of pensions. 

Within the second, a bigger share of the household residence in trade for disregarding a pension share can look like a very good final result, offering instant safety. Nevertheless, pensions have long-term advantages, generally with monetary uplifts or bonuses, making them extra priceless than they appear on paper.

Not getting complete recommendation on this space may imply folks make ill-informed choices, and doubtlessly discover themselves in a way more weak monetary place upon retirement. 

Reflections on no-fault divorce one 12 months on

No-fault divorce has eliminated the ‘blame’ component of the method. Blame in a divorce achieved little or no and distracted folks from tackling the problems that matter. Usually, shoppers would discover it laborious to detach blame from their pondering when contemplating what a good divorce settlement ought to appear like. 

Now, that elimination of blame has helped make issues much less confrontational between {couples}, making it simpler to achieve agreements amicably and with out the necessity for the household court docket. 

In some instances, we’ve additionally seen that the process of reaching an settlement amicably has diminished the extent of negotiation wanted, saving time and prices, however it does nonetheless rely on the components of the case and complexity of the belongings.  

Nevertheless, whereas no-fault divorce is a step ahead that’s vastly benefited many, we’ve seen an surprising adverse influence on some {couples} going via the method.

No-fault divorce has eliminated the generally cathartic and comprehensible want accountable. This has left some folks annoyed. For instance, if one social gathering information for divorce following their associate’s infidelity, there isn’t any longer a proper acknowledgement of their ex-partner’s misconduct or a method to maintain them accountable for his or her actions. Whether or not divorce is a results of critical and sustained wrongdoing, or just the results of rising aside, the divorce course of is similar.

Now, with no-fault divorce, it’s not important to share the rationale for the marital breakdown. Nevertheless, as household attorneys we generally see that as a result of this emotional line hasn’t been drawn on the outset, it will probably muddy the waters later within the divorce journey. With out an official vent, suppressed frustration about the reason for the divorce can happen. For a lot of, tensions begin operating excessive later within the proceedings, creating additional animosity and lengthier arguments over the sensible components of the divorce, akin to dividing up belongings and agreeing baby preparations.

We should keep in mind that most individuals going via a divorce are issues via an emotional lens, moderately than from a purely rational perspective. So, whereas no-fault divorce has definitely been a welcome change that has helped many {couples} to separate amicably, there’s a flip facet that ought to be acknowledged to assist mitigate animosity additional down the road.

Helpful hyperlinks

No-fault divorce has arrived

The no-fault divorce course of

A whole information to no-fault divorce

How no-fault divorce impacted victims of home abuse