No Fault Divorce Review

The divorce process appears to have become more amicable since the reforms removing the requirement to assign blame were introduced a year ago.

On 6th April 2022 the family law system saw its biggest change in 50 years when ‘no-fault’ divorce came into force. Separating couples no longer have to assign blame for the breakdown of their marriage or prove a fault-based fact against their ex-partner and either or both parties can apply to the court for an order that the marriage has broken down irretrievably.

The divorce application is now a less emotionally-charged step as there is no longer the need to discuss the particulars for the divorce with clients and other solicitors, which has reduced animosity between the parties. As a result, clients save on legal costs and also start the matrimonial process of resolving the finance and children issues on a more positive basis.

Clients are now able to focus on the future, rather than on what went wrong in their relationship, and look at addressing the important issues like children, property and finances in a more constructive way. This makes it easier for clients to consider working towards a settlement of their differences which can result in a consent order as opposed to the issuing of a court application which can lead to heavily-litigated court proceedings. This can drain the financial resources of the parties, leaving less in the family pot for distribution for the benefit of the parties and their children.

Divorcing couples are making use of this new law. Couples who applied for a divorce under the old legislation are too-often still facing a long wait to receive their decree absolute (final divorce order). However there are minimal delays for applications under the new law, using the digital system.

In terms of process, it’s very much more straightforward for lay parties to make their own application, although generally they still reflect long and hard before making the decision to divorce, and generally the online portal has worked well.

However, the risks for couples commencing divorce proceedings in person, without taking any professional advice, remains a key concern of the new system as many of them may be divorcing whilst ignorant of their financial rights and therefore bringing no claims which they may be entitled to make.

Therefore, it is important for couples to seek legal advice in respect of their financial rights, which can then be dealt with through mediation, negotiations through solicitors with a view to reaching a consent order and achieving a clean break, or as a last resort court proceedings to achieve the same.

Urmilla Seenath

Published on 15/05/2023