Family Law, Divorce & Children

The Government has confirmed that the implementation of ‘no-fault’ divorce will be delayed from ‘autumn 2021’ to April 2022.

Described by ministers as “the biggest reform of divorce law in 50 years”, the Divorce, Dissolution and Separation Act 2020 will enable couples to part without having to wait two years or having to apportion blame for the breakdown of the marriage.

The in-built adversarial approach of the existing divorce process has been criticised by family lawyers for fuelling conflict and leading to unnecessarily bad outcomes for families.

Since the Act gained Royal Assent – the final stage in the legislative process – more than a year ago, the Government says it has been working to amend court processes and forms to accommodate the change in the law.

Announcing the delay in a Parliamentary Written Answer, Justice Minister, Chris Philp, said: “While this delay is unfortunate, it is essential that we take the time to get this right.

“The new divorce process will work to reduce conflict, which is especially damaging for children, and will reflect work the Government is undertaking through the Reducing Parental Conflict programme.

“That programme will build the evidence on what works to reduce harmful levels of parental conflict below the threshold of domestic abuse, working with local areas to help them embed support in their local services for families.

“We will also use this opportunity to strengthen signposting to family mediation as a means to resolve arrangements for children and division of assets on divorce.”

Sarah Dowie, a Associate Solicitor with Palmers, who specialises in family law, said: “The further delay means that, under current rules, a person petitioning for divorce must provide one of five reasons to demonstrate that their marriage has broken down irretrievably; namely adultery, unreasonable behaviour, desertion for at least two years, two years’ separation with the consent of both parties or five years’ separation if contested.

“Despite the current divorce laws, it is still possible to deal with separation and divorce amicably and round table discussions can be arranged, allowing couples to work through the practical matters that need to be resolved.”

For help and guidance on matters relating to divorce, separation or maintenance order payments, please contact us.

The breakdown of a relationship can be a hugely stressful time. Couples who have already been experiencing marital tensions, may have found the past few months particularly difficult – with the effects of the lockdown and financial worries adding to an already difficult situation.

However, the practical considerations involved in divorce are much more difficult at the moment.

Family Court hearings are currently being delayed or held remotely and even when they reopen fully, there will inevitably be a backlog of cases to deal with.

This is where a separation agreement can be helpful.

Surjit Verdi, a Partner with Palmers and Head of Family Law explained: “A Separation Agreement or Deed of Separation can be used where a couple cannot, or prefer not, to issue divorce proceedings immediately but wish to resolve the issues arising from their separation.

“It can be extremely useful as it records that a couple intend to live separately and it may also refer to a Divorce taking place at some point in the future.

“Importantly, the Agreement will usually deal with financial arrangements such as the sale or transfer of the family home.

“Arrangements for children can also be included in the Separation Agreement, such as child maintenance payments and how much time they spend with each parent.

“Where a couple are separated, but still temporarily living under the same roof, the Separation Agreement can deal with short term financial arrangements such as the payment of the mortgage and bills. It can also cover living arrangements within the house.”

It is important that certain procedural requirements are met for a Separation Agreement to be recognised by the Law so advice should be sought from a solicitor who is a specialist in this area of divorce law.

Palmers’ Family Law experts are at hand to assist with all Family Law matters including Separation Agreements. For more information, please contact us.

England and Wales have moved one step closer to ‘no-fault’ divorce as the landmark Divorce, Dissolution and Separation Bill received its second reading in Parliament this month.

The long-awaited legislation – described as the biggest ‘shake-up’ of family law in almost 50 years – had been postponed, initially due to the 2019 General Election and then as a result of the coronavirus pandemic.

Surjit Verdi, a Partner with Palmers who specialises in family law, said: “The new laws, first announced in April last year, will introduce major reforms for divorcing couples, including the introduction of ‘no-fault’ divorce.

“Under this change, separated couples will no longer be required to attribute blame to either party, removing the need to prove one of five grounds for divorce, such as adultery, unreasonable behaviour, desertion, or two or five years of separation.”

The bill will also scrap so-called ‘quickie’ divorces by increasing the minimum waiting period between the initial petition stage and when the court grants the provisional decree of divorce to at least 20 weeks.

Including the existing six-week waiting period between the granting of the decree nisi and the decree absolute, a divorce will now take a minimum of six months to process – around double the current average time.

The second reading comes after recent figures revealed that divorce enquiries in the UK surged following the introduction of Covid-19 lockdown measures.

According to new figures, published by a national law firm, the number of couples enquiring about divorce increased by 42 per cent in March compared to the same period a year ago.

The authors of the study pointed to underlying tensions, such as financial concerns and tensions as a result of couples being in constant close confinement.

For advice and support with all aspects of family law including divorce, please get in touch with our expert team.