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15/10/2020

We are excited to report “no-fault divorce “is set to finally become law, after MP’s voted overwhelmingly to approve the Dissolution and Separation Bill in the House of Commons. This marks a huge step forward and a move to end the requirement to assign fault, such as adultery or behaviour in order to be granted a divorce.

During the debate in the House of Commons, it was interesting to hear MP’s draw on their own experience of divorce to consider, how to make the process less stressful and more humane.

In this new announcement, which has been long awaited and will see the biggest law reform in our divorce laws for 50 years , it is proposed that the law will be changed to remove the fault-based facts, such as adultery and for the parties to simply provide a statement to the effect that the marriage has broken down irretrievably. It is also proposed that the ability to defend a divorce will be removed and that couples can jointly apply to the court for a divorce.

Once the legislation is passed it is hoped that couples will be able to obtain a divorce in a much less hostile environment, without having to blame each other, which will improve the prospect of them retaining a reasonable relationship with each other and so enable them to better co-parent their children and agree a financial settlement.

It is hoped that the legislation will come into force as quickly as possible, though, considering the current Brexit situation and the pandemic, it is anyone’s guess as to when there will be sufficient parliamentary time to pass the requisite legislation.