Reforms in UK Family Law Related to Divorce

A big change has been made in the Divorce, Dissolution and Separation Act 2020 on April 6th, 2022 according to which a new rule was added referred as ‘No-fault’.Since 1969 there have been no major amendments to the divorce law in the UK. The new law introduced a new mechanism for obtaining separation, and a new timetable was initiated. For the final divorce, a joint petition and application are mandatory. The whole divorce process would be conducted online through email.

The Traditional System

In the past, the divorce system in the UK was based on a Fault-Based framework. This means to obtain separation one spouse had to prove that another spouse was guilty of not performing honestly. There were five legal grounds in which one spouse had to prove the other spouse to be responsible for the breakdown of the marriage.

1. Adultery
2. Inappropriate behavior
3. Absconding
4. Two years separation with consent
5. Five years of separation without consent.

The New Law

The Dissolution and Separation Act of 2020 led to the foundation of the new divorce law “No-fault.”. The new legal system is more efficient as no party needs to provide detailed evidence of their innocence or the other party to be guilty. The process is more streamlined, less stressful, and straight.

The key attributes of the new law were as follows:

1. Replacement of Fault Based system

In the new system, one party does not need to prove the other party is guilty of any of the above mentioned things. The case of divorce could be accepted by stating that the marriage has “irretrievably broken down.”

2. Joint Application for divorce

Under the new no fault divorce system, the application can either be made by one person (called the applicant) or both people can make the application jointly. The new law system is based on a consensus and cooperative approach.

3. Period of Reflection

In the new system, There is a minimum timeframe of 26 weeks between the application and final order, from the start of the divorce process to the day when the court orders the conditional order which was formerly referred to as a decree of nisi. During the period of reflection, both parties could reconsider their decision and explore the opportunities for reconciliation.

Read Also: What is no fault divorce

Impact of the No-fault on UK Family Law

The new No-fault Law has covered both the emotional and legal aspects of the process.

1. Reduction in Conflict

Traditional law was based on the Fault based where each party needed to prove their innocence whereas the new law is based on cooperation and mutual understanding. Due to the no-fault law, both spouses could perform co-parenting and able to create a stable environment for the children.

2. Emotional Well-being

In the new system, the divorce case would be filed with the consent of both parties(Consent is not mandatory), so no party would feel that it was being cheated or they could make things better. Through mutual understanding, emotional well-being would not be affected.

Criticism of the law

The new law is widely welcomed in UK society but at the same time, it has been criticized.

1. Marriage structure

Some critics believe that the structure of marriage would be disturbed due to the promulgation of new laws by making divorce so simple. The couple should strive to resolve their differences first before filing for divorce.

2. Children Support

Many critics raised questions on child support in the new legal system, in terms of custody arrangement.

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