Roger Weller, Family Solicitor at HRJ Foreman Laws Solicitors provides an update on the Divorce, Dissolution and Separation Act 2020

We discussed the government consultation process for no-fault divorce back in January 2019. At the time, we were hopeful that the new legislation would be in place in 2021. Unfortunately, the Ministry of Justice has now said the Divorce, Dissolution and Separation Act 2020 will not be in place before 6 April 2022.

As a family solicitor I have been in support of the ‘no-fault divorce’ campaign for many years. The UK divorce law is now over 50 years old. As a part of the current divorce process, couples in England and Wales must show that the marriage has irretrievably broken down. This needs to proven by citing one of the 5 legally recognised facts;

• Adultery
• Behaviour
• Desertion
• 2 Years Separation with Consent
• 5 Years Separation

A large number of divorces are amicable, and the current process can cause unnecessary conflict and negativity. Couples still must apportion blame if they do not want to wait for two years before filing for divorce.

What would happen in a ‘no fault divorce’?

Whilst we are disappointed the Act is not closer to becoming a reality, we remain optimistic for the future.

Introducing ‘no fault divorce’ would change the way couples obtain a divorce in England and Wales.

Under the ‘no fault divorce, the process will be far simpler. This is because a couple would be able to formally end their marriage by agreement without either being at fault.

The divorce will be on the basis that the marriage has irretrievably broken down. It will no longer be possible to contest a divorce.

The benefits of the new process should be that the divorces are less acrimonious, which should benefit the parties but importantly any children of the marriage. It should also make it faster to complete a divorce.

What do we do in the meantime?

The family law team at HRJ Foreman Laws Solicitors are committed to helping our clients resolve matters in a cooperative way and with the aim of reaching a fair outcome for everyone involved.

Currently, there are several things a couple should seek out when searching for the best solicitor to support them, during the divorce process.

• Find a solicitor who is qualified as a collaborative solicitor. A qualified collaborative solicitor can place more emphasis on a ‘roundtable’ approach to resolving matters, helping you to avoid the stress and expense of going to court. All negotiations are conducted in four-way face to face meetings with a view to achieving a fair settlement.

• Or, alternatively, work with a solicitor that will support you through family mediation. Family mediation is a voluntary and confidential process that helps you to reach decisions and joint solutions through discussion with an independent mediator.

• Ensure your solicitor follows a professional code of practice such as that outlined by family law solicitors association Resolution.

At HRJ Foreman Laws Solicitors, the Family Law team in Hitchin and Welwyn Garden City, Hertfordshire, can support and advise on these areas, and all other aspects of the divorce process including finances and child arrangements.

For legal advice contact the team today. Email info@hrjforemanlaws.co.uk or call Hitchin 01462 458711, Welwyn Garden City 01707 887700, London 0203 3279001

Keep up to date with our legal news and follow us:

• Facebook
• Linkedin
• Twitter
• Instagram