The Cake - Spring 2022

LEGAL ADVICE
Ask our
Friendly Experts
No fault divorce, what does this mean for me?
For many years complainers have
argued that divorcing couples
should be able to divorce without
apportioning blame. Resolution,
the body of family lawyers
committed to resolving family dispute in an
amicable way, have championed for a long
time for there to be no fault divorce. The
government has decided this is the right way
forward and the approach was made law by
the Divorce, Dissolution and Separation Act
2020.
Whilst it was thought the new
arrangements would come into practice this
autumn it is now understood no fault divorce
will start on 6 April 2022.
The benefits of the new system are that
you will no longer need to find a reason to
divorce your spouse, and this will remove
the need for there to be “blame” but that the
divorce process will start on the sole ground
of irretrievable breakdown.
It’s a commonly held misconception that
if one party is seen to have behaved badly
in the marriage that this will affect the
resolution of the finances, but this is in fact
rarely the case. It is fair to say “conduct” will
only be taken into account by the Court in a
very small number of cases. Removing blame
perhaps removes the need one party might
feel to focus on the future in a more positive
way rather than be backwards looking.
If the couple are agreed they can present
a joint application, which may be seen by
many to be a fairer approach. Even where
there is not agreement one party can apply
but the other will not be able to stand in
their way and try to prevent the divorce as
may have occurred in the past. This means
that the new process will be more certain and
straight forward for both parties.
There will be new terminology:
• The Petitioner will become the Applicant
• The Decree Nisi will be replaced by the
Conditional Order
• The Decree Absolute will become the Final
Order.
The timetable for the divorce will also
change in that there will be a six month
“cooling off” period between the date the
proceedings are started and the grant of the
Conditional Order. The idea behind this is to
allow the parties time to:
• Reflect on the marriage and whether it can
be repaired
• Agree a financial settlement
• Sort out arrangements for children.
There will still be a period of six weeks
between the Conditional Order and applying
for the Final Order which will dissolve the
marriage.
I AM CONSIDERING A DIVORCE NOW,
SHOULD I WAIT UNTIL APRIL 2022?
There really is no need to wait as in most
cases, even now, and particularly with online
applications the process is straight forward.
Moreover, under the current system there
is no lengthy cooling off period. Once the
Decree Nisi is granted the Petitioner can
apply for the Decree Absolute six weeks
thereafter, albeit there may be reasons why
your solicitor may suggest you wait.
However, if you think your spouse will
try to contest the proceedings or you do
not have a reason to start the proceedings
now (adultery, behaviour etc.) and would
otherwise have to wait two or five years then
it might be advisable to wait until the new
law comes into effect.
MARGARET SCULPHER
Associate Solicitor
Margaret Sculpher at
our Cranbrook office
is happy to help. She
offers 30 minute no
obligation, confidential,
initial meetings – please
do email her to make enquiries. As a
collaborative lawyer and member of
Resolution, Margaret will ensure your
matter is handled in a caring and sensitive
way, offering sensible practical advice.
T: 01892 502354 or E: msculpher@
bussmurton.co.uk – quote ‘Cake Magazine’
Clermont House, High Street,
Cranbrook, TN17 3DN
01580 712 215 or info@bussmurton.co.uk
www.bussmurton.co.uk
The Cake • Spring 2022 39