England’s divorce laws are finally changing
If you’re getting divorced in England, the process is about to become much less adversarial. Let’s find out more.
This April, the Divorce, Dissolution and Separation Act 2020 finally comes into force, removing the need for one party to cite blame on the other in order to secure a divorce. It aims to take much of the animosity out of the divorce process and make it less stressful.
These changes have been a long time coming - governments have been discussing altering the rules around divorce for at least the last 25 years! In this article, we’ll look at what the changes mean to you if you’re thinking about getting a divorce.
The current divorce situation
At the moment, if a couple wants to divorce without going through a separation period of at least two years, the law demands one party to place ‘blame’ on the other.
One can use two factors to prove the irretrievable breakdown of a marriage – adultery or unreasonable behaviour . For these grounds, details of this adultery or unreasonable behaviour must be placed in the petition and served on the other party .
The problem with this process is that mudslinging doesn’t really help anybody. Lawyers do their best to take the emotion out of the situation so their clients can reach a solution and move on with their lives. But, having to talk about who is to blame just lights a fire under old sensitive issues and makes negotiating a settlement much harder than it needs to be.
Fortunately, things are about to change.
The new divorce process
From April 6th, the new law removes the requirement for one side in a divorce to place blame on the other. Instead, one side (or both) can say the marriage has broken down irretrievably, and they can then move on with the divorce negotiations. Your lawyer does not have to send arguments in formal documents to the other side, and you can file for divorce via email.
After you have served divorce papers, you must wait 20 weeks for your conditional order, then another six weeks for your full order. These orders were previously called the decree nisi and the decree absolute.
Good news
We believe these changes will make the divorce process much less adversarial than it was previously. As lawyers, our role is to help our clients reach the best endpoint for themselves and their families. Removing the ‘he said she said’ back-and-forth will undoubtedly make it easier for us to do this.
It always seemed that the law encouraged mudslinging between the two parties in a divorce, but if cases ever went to court, the judge would very rarely consider the blame factors when making a ruling. As a result, the blame game was actually rather pointless! Removing the need to cite blame will make the process more efficient.
If you’re thinking of getting divorced, you no longer need to worry about dredging up events from the past in order to get what you want. You can just get it done.
Find out more from Couchman Hanson
If you’re ready to start the divorce process, it’s time to talk to Couchman Hanson.
We offer a free, half-hour long consultation, where we provide advice and will explain all the steps you need to take. We’ll also talk about the likely costs going forward. There’s no obligation to go with us afterwards, but it will help you understand and prepare for your divorce.
At Couchman Hanson, our solicitors genuinely care about getting the best outcome for you. We’re highly professional, with ‘city’ level talent and experience, but also friendly and welcoming. Everything we do fits with our values of integrity, honesty and authenticity.
Call 01428 722189 or visit couchmanhanson.co.uk