Legal News

The Divorce, Dissolution and Separation Act 2020 is likely to be implemented in April 2022, and with that a big change within the divorce process. This is hoping to remedy the well-believed shortfalls with the current divorce system.


What is No-Fault Divorce?

No-fault divorce gives couples the option to have a separation without needing to blame one another. This is done by using one of the 5 reasons that is currently required to show why there has been the break down in relationship.

Before, the only way to have a blameless divorce was to either wait 2 years (if both parties agreed to the divorce) or to wait 5 years when one did not consent. This often led to couples not having the freedom to amicably separate and resulted in further unnecessary strains on relationships when blame is given.

It also removes the possibility to contest a divorce and introduces an option to make a joint application for divorce. This brings an option of having an amicable separation which will be greatly appreciated by many couples, as well as preventing a potentially problematic separation when one of the parties is being uncooperative.


The Two-Stage Divorce Process

The usual two-stage process has been kept. What has changed, however, is the terminology used in regard to the process. The first decree will now be referred to as a Conditional Divorce Order instead of ‘decree nisi’ and the second will be a Final Divorce Order instead of ‘decree absolute’. The same six-week period between the orders is also retained.

There is a new minimum time period of 20 weeks from when the divorce application is filed to the court before a Conditional Order can be applied for. This is to give a period of reflection, and if they still want to go through with the divorce, they can confirm this with the Court. This then leaves 6 weeks for the Conditional Order to be finalised.

Although the majority of divorces take longer than twenty-six weeks, due to the financial and child arrangements often taking a while to resolve, there are some examples of divorce being settled in a faster timeframe. This happened in cases where the parties had addressed such issues earlier, but with the new bill, this will not be allowed.


What No-Fault Divorce Will Mean For Clients

The new Bill essentially guarantees that from the start to finish of divorce proceedings, the couple involved can control how the separation can occur. This is due to the Court only being able to approve a financial agreement between the parties when the Conditional Divorce Order is made.
This can bring some relief for couples, meaning they are able to focus more on creating effective child arrangements as well as sort out any financial arrangements in a civil manner.

This will also have the potential to make the divorce process significantly cheaper for couples with less contentious separations. No-blame is likely to allow more constructive communication, which is hoped to drop the expense of separation. However, this does not involve the financial settlement as it will be the same as other divorce settlements, which involve a number of factors.


Possible Issues

There are some concerns with the no-fault divorce bill in regard to divorce becoming a fast, go-to decision for couples. This is due to the possibility this Bill will make it too easy to divorce and mean they may put less effort into working their issues out. However, it is accepted that divorce is a decision that does require a large amount of thought and consideration. By implementing the three-month reflection period, it gives couples the chance to appropriately reflect on the situation to ensure the correct decision is made.


Should I Wait for No-Fault Divorce?

Whether to go through with divorce as soon as possible or wait for the implementation of the new Bill is dependent on an individual’s situation. However, due to the Bill being a number of months away, it is likely to be the better option to avoid the complications the different issues involved in divorce can create. No allegations will have to be made and the other partner will not have to consent to the divorce.



Author Meena Kumari is a director and solicitor in the Family and Child Care department. Meena specialises in negotiating medium to high net financial settlements for clients in the course of separation, divorce and dissolution of civil partnership.

For more information contact Meena on 01924 664 548 or email meenak@duncanlewis.com