No-Fault Divorce Brings Hope for Emotional Wellbeing as Couples Separate
Robertsons Solicitors’ family law specialist, Lisa Shrimpton, discusses how a change in divorce legislation is designed to help the wellbeing of separating couples and their children.
When partners separate it is often their children that suffer most. In many instances, this can manifest as grief, confusion, fear, self-blame, anger, anxiety and/or a huge sense of loss.
These emotions are often exacerbated by an enforced change of dwelling of financial circumstances that can affect a child in many ways. In addition to their emotional suffering, their academic performance may decline, and relationships with friends and other family members, including parents, may become troubled. It is because of this that we welcome the arrival on 6 April of ‘no-fault’ divorce, the Divorce, Dissolution and Separation Act 2020, reforms the legal requirements to divorce and are the biggest change in over 50 years. Current divorce law requires that one party claims irretrievable breakdown within the marriage or civil partnership for one of five reasons. These are unreasonable behaviour, adultery, desertion, 2 years separation (with consent) or 5 years separation without. These reasons require one party to accept fault for the breakdown and it is this that can cause for contention.
‘No fault’ divorce, which also covers Civil Partnerships, will solely require a statement of irretrievable breakdown, and also gives the option of a joint application. It also removes any possibility of one party contesting the divorce which often protracts the process.
The existing law requires couples to partake in a ‘blaming game’ that has proven detrimental to everyone involved. In removing the ‘fault’ element of divorce proceedings, it is believed that this will minimise resentment from either party and encourage amicable separation between couples. Where children are involved this may reduce the negative impact that has gone hand-in-hand when couples part.
An additional benefit to separating couples is that it is believed that the changes may help divorcing couples save money as there is no need for dispute as to the reasons for the divorce. The Act comes into effect on 6 April this year.
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