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A NEW DAWN FOR DIVORCE LAW
Joanne Raisbeck , partner in Hill Dickinison ' s family law team explains the latest divorce legislation changes .
On 6 April , the Divorce , Dissolution and Separation Act 2020 came into force , introducing no-fault divorce legislation – the biggest shake up to the divorce process in almost 50 years .
Joanne Raisbeck , partner in Hill Dickinson ’ s family law team , explains why this change came about and what it could mean for those looking to separate .
What is no-fault divorce ? No-fault divorce allows couples to legally end their relationship without attributing any blame . There is no change in the actual grounds for divorce , but instead of these grounds being evidenced by one of the existing five facts ( adultery , behaviour , desertion , two years ’ separation with consent or five years ’ separation without ), all that is now required is ‘ a statement that the marriage has broken down irretrievably ’.
Why has divorce law in England and Wales changed ? Under the previous divorce legislation , unless parties had been separated for a period of at least two years , you had to cite a reason for the divorce proceedings . This requirement to attribute blame often caused unnecessary tension and acrimony between couples and would lead to increased legal costs . The aim of a no-fault based process is to reduce the opportunity for conflict when a relationship breaks down .
Are joint applications for divorce now possible ? Yes . The no-fault divorce process allows couples to make a joint application .
Can a joint application for divorce be converted into a sole application ? Yes . In circumstances where a joint application has been made to the court , but for some reason one party is reluctant to progress the proceedings , it is also possible for each party to independently move the process forward on their own if they choose to do so .
Can a sole application be converted into a joint application ? No . This is not possible , to prevent any negotiation pressure being applied by a sole applicant to the other party .
Can a divorce application be withdrawn ? A sole applicant may withdraw their no-fault divorce application at any time before the application has been served to the respondent . If it is a joint application , a withdrawal requires both applicants to apply .
Can a respondent delay a final order ? It may be possible for a respondent to delay a final order where if they have applied to the court for consideration of their financial position after divorce . It is sensible to take early advice if this is an issue .
Can one side stop the divorce proceedings ? Under this new process , a respondent cannot contest the applicant ’ s decision to bring the marriage to an end as there are no facts to dispute . This is a significant shift from previous legislation , which enabled an opposing party to defend a fault-based petition potentially leading to expensive and acrimonious proceedings . No-fault divorce will only allow a respondent to challenge the divorce in limited circumstances , none of which relate to the actual breakdown of the marriage .
What is the cost of no-fault divorce likely to be ? Costs will vary depending on whether you are legally represented and / or whether you can obtain any help with your legal fees . If you are on a low income or unemployed you may be able to use the Help with Fees Scheme . In some circumstances , you might be eligible for legal aid . You can check your eligibility online .
Help with Fees will only be available on a joint application where you both have limited savings and either get certain benefits or fall below a certain income threshold . If this only applies to one party , Help with Fees will not be available unless you issue a sole application . There is currently a court fee of £ 593 paid to the court when the divorce application is made .
Can I pursue a claim for costs against the other party under no-fault divorce ? The ability to pursue costs under the no-fault divorce process is likely to be much more difficult , particularly in a standard case . This is because the purpose of the new procedure is to remove blame and conflict from proceedings so that there is co-operation and a conciliatory approach .
What about dissolution of civil partnerships ? The law on dissolution of a civil partnership will be updated to fall in line with the new divorce law .
Before deciding to separate , you should take legal advice to see what approach is best given your personal circumstances . If you would like to know more about no-fault divorce or would like to discuss any issue arising from relationship breakdown , please contact Joanne Raisbeck at joanne . raisbeck @ hilldickinson . com .
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