During a divorce, emotions often run high. We are often still asked whether it matters whose “fault” it was that the marriage broke down. Clearly there are always two sides to the story, but invariably we are told about the circumstances leading to the breakdown of the relationship, and asked whether this will impact the divorce proceedings at all from a legal perspective, and whether one party can be at an advantage if for example the other had an affair.

The answer to that question is a simple no. As from 6th April 2022 the law on divorce in England and Wales – and the “blame game” – is happily now a thing of the past. Previously a petition needed to be based on one of five “facts” –

Thankfully, reliance on these facts is now something consigned to history. Given that it is not compulsory nor indeed even possible for either party to blame the other, this undoubtedly makes the process less painful. In practice we have seen the new law reduce animosity and conflict, and indeed costs.

Another helpful change in the law in Spring 2022 was that a divorce cannot be “defended.” One spouse used to have the ability to “defend” a divorce, meaning that they could disagree with the fact the petitioner was relying upon when the papers were served on them. This could mean the process took longer, with some individuals even defending matters just to increase animosity. The removal of the ability to “defend” a divorce means the process is now much more streamlined. 

Furthermore, divorce has been simplified by what is essentially a two-stage process. Firstly, one party, or indeed the couple together, initiate the divorce process by submitting a notice of intention to divorce to the court. After waiting for a period of six months, a conditional order (previously known as a decree nisi) can be applied for. After an additional six weeks, the applicant can apply for a final order (previously known as the decree absolute) officially ending the marriage and achieving a divorce. This is all now done digitally via the court’s “on-line portal.”

Whilst the law and the process regarding divorce in England and Wales has been markedly simplified since the change in legislation, clearly it is still a huge step to end a marriage. It is also important not to forget about resolving the legal financial claims arising as a result of the divorce, and to understand how doing that should dovetail with the divorce application in terms of timing and otherwise. Even though a divorce is really easier than ever before, the legal implications of this remain huge and as such independent legal advice is always recommended.

Taking steps towards ending your marriage can be scary, but here at Franklins we are here to help you make sense of the legalities. We try to make the process of getting the advice you need as easy and pain free as possible. We offer an initial appointment for a cost of £195, during which we try to give you an understanding of your legal position and what the future might hold.

If you feel Franklins might be the right firm to help you following the breakdown of your relationship, and you would like to enquire about when your initial appointment could be scheduled, please contact our Family Law team on 01604 828282 / 01908 660966 or email info@franklins-sols.co.uk 

Currently, there is only one ground for divorce or dissolution of a civil partnership in the UK, and that is irretrievable breakdown of the relationship. To establish that the relationship has irretrievably broken down, you have to prove one of the five facts: 

However, as of April 2021, couples who wish to separate will no longer have to rely on one of the five facts above, to prove that their relationship has irretrievably broken down. The new law will ultimately Trust the judgment of the couple involved.  It will provide separating couples the option to make a joint application for divorce, remove the possibility to contest a divorce, and introduce a minimum period of 20 weeks from the initial proceedings until a decree absolute of divorce has been granted. The hope is that by removing blame, couples can avoid unnecessary conflict, making the process of divorce cheaper faster and amicable. 

Here at Franklins, our experienced solicitors can make the divorce process easier for you. If you need advice and assistance, please contact our Family Team on 01604 828282 / 01908 660966 or email Family@franklins-sols.co.uk. 

The Divorce, Dissolution and Separation Bill has passed its final parliamentary stages. The Bill does away with the need for a spouse’s consent to divorce and allows one party to obtain a divorce by a unilateral declaration that the marriage has broken down irretrievably.

For many, this change is long overdue and will be welcomed. It simplifies the process to achieve a divorce. In many cases, a petitioner has to go to great lengths, spend much time, energy and costs in achieving a divorce where their spouse does not agree or will not engage in the process. This is even the case where the parties have not lived together as a married couple for many months and there is no prospect of reconciliation. This can be disheartening, exhausting and demoralising for a petitioner who wants to escape a bad marriage. It is hoped that this change will bring great improvements for those who find themselves in this predicament.

On the other hand, some argue that it could have disastrous results for those who are a victim of domestic abuse or adultery as they would not be able to cite that as the reason for the divorce. Some also argue that this reform makes ending a marriage all too easy for those who want to commit to working things out. Is it fair to say that by removing the legal requirement to attribute blame for the breakdown of a marriage, it makes ending a lifelong commitment easier and quicker than ending a tenancy? Only time will tell.

Find out more about our divorce services here.

If you would like any advice in relation to separation and divorce, contact Kelly Longmore and our expert Family team on 01604 828282 / 01908 660966 or email family@franklins-sols.co.uk. 

I cannot count the number of times I have been asked by a client why they cannot simply divorce because they no longer want to be married. It is hard to explain why a modern society like ours, still enforces a system that encourages blame.

Currently, if you want to divorce you must satisfy one of 5 facts such as two years separation with consent, adultery or 5 years separation. More often than not, couples do not want to wait for two years before they divorce, and so they are forced to cite unreasonable behaviour. Two years is a long time for anyone to put their lives on hold, particularly where young children are involved. This means that one of them have to identify the other’s behaviour as the reason for the breakdown in their marriage.

It is my experience that where couples were once amicable and keen to approach matters in a conciliatory way, attitudes change where one party makes allegations about the other’s behaviour, allegations that inevitably upset the other party. Fault based grounds tend to only increase the level of acrimony and conflict as it forces the parties to focus on what has gone wrong rather than find a positive way forward.

I agree that in order to end such an important relationship, there should proper reflection and examination with both parties taking time to consider whether that relationship can be repaired. But perhaps, rather than fuelling the fire with fault based grounds, no fault divorce is the way to go.

Kelly Longmore comments following on from Guernsey agreeing to make divorce law ‘reflective of modern society’ the BBC reports.

For further information on any aspect of Family Law please contact our Family Law team on 01908 660966/ 01604 828282 or email family@franklins-sols.co.uk.  

Following a consultation from the government, the Justice Secretary David Gauke announced on 9 April 2019 that divorce laws will be changed in an effort to “end the blame game”. The changes are due “as soon as parliamentary time allows”.

What is the current law?

In England and Wales, there is one ground for divorce – the irretrievable breakdown of the marriage. Currently, couples wishing to start divorce proceedings and satisfy the Court that their marriage has irretrievably broken down must prove one of five facts: adultery, desertion, “unreasonable behaviour”, two years’ separation (with bilateral consent) or 5 years’ separation if the divorce is contested.

Consequently, the majority of couples have to rely on the fault of one party to obtain a divorce.

Why is this a problem?

The announcement follows the highly publicised case of Tini Owens, who saw her application for a divorce denied by the Supreme Court in August 2018. It often comes as a surprise to people that being in a “loveless and desperately unhappy” marriage does not entitle one to a divorce in England and Wales. Indeed, many are even more shocked to find out that a Court has the power to prevent a divorce at all.

As family lawyers, we see the negative impact that the current divorce law can have on couples and on their children every day. The requirement to apportion blame often leads to unnecessary conflict and hostility. This makes it more difficult to achieve our goal of dealing with the breakdown of the marriage amicably and preserving ongoing parenting relationships.

How will the law change?

The new proposals will require a six month reflection period upon making the application. Couples will simply need to state that the marriage has broken down irretrievably, and they will have the option of making a joint application. Furthermore, there will be no scope for a spouse to refuse divorce, protecting spouses from finding themselves stuck in Tini Owens’ position.

What are the benefits of the proposals?

This is the first time that divorce laws will be changed since The Matrimonial Causes Act 1973. “No fault” divorces are expected to be warmly received by both the public and the family law community, who have long campaigned for these changes.

It is thought that the changes will eliminate unnecessary conflict and lead to a more conciliatory approach by both parties, which will undoubtedly benefit divorcing couples and their children. In short, the changes should prove a step towards making divorce law fit for purpose in the modern age.

What are the limitations to the proposals?

Whilst the introduction of a “no fault” system is a broadly positive development, these changes are not expected to automatically make the divorce process easier, quicker and less expensive. It is important to remember that arrangements involving children or financial issues arising from the divorce are often the most costly and complicated aspects. As family lawyers, this is what we spend most of our time dealing with, and the planned reforms do not affect these matters. 

It is of course hoped that by removing the potential for arguments about the divorce itself, such issues will be resolvable more swiftly and with less hostility. However, further investment in the Courts is required to further improve the divorce process, in order to reduce delays and provide a less stressful experience for divorcing couples.

How soon will the reform be implemented?

It can (and often does) take months for new legislation to be brought into force, whilst parliament agrees on the wording to be used. With the government’s commitment still stretching no further than promising to bring “no fault” divorce into law “as soon as parliamentary time allows”, there is no telling how long this will take. Family lawyers will certainly be keeping an eye on the progress of the legislation over the coming months.

At Franklins we fully support Resolution’s ongoing campaign for a no fault divorce, and welcome the Government’s current proposals.  We sincerely hope that the proposals become a reality sooner rather than later, and open the door to other positive developments too. In the meantime, if you are currently experiencing a relationship breakdown and would like advice on divorce, finances or children matters, please contact a member of our Family team on family@franklins-sols.co.uk or 01604 828282 / 01908 660966. We offer consultations of 30 minutes at a cost of £150 plus VAT and would be happy to advise you.