It was recently announced that the “Divorce, Dissolution and Separation Act 2020”, which will allow married couples to divorce without assigning blame, will now come into law on 6th April 2022 which is later than originally indicated.
Blanchards Bailey’s family team welcome this announcement as it will reduce blame and hopefully help ease the resulting turmoil within divorce proceedings.
It is also welcome news for many separating couples and although the date is some way off yet, it will allow sufficient time for practitioners to become acquainted with the new rules in good time and it will also allow for clients to be advised appropriately. With the new legislation, this should help divorcing couples, and most importantly any children they may have, avoid unnecessary conflict.
What is likely to change?
The new legislation is unlikely to change the fundamental concept that a divorce will only be granted if a marriage has broken down irretrievably. However, what is likely to change is:
- The parties will only need to supply a statement of irretrievable breakdown.
- Blame/fault will be removed.
- The other partner will not have the ability to contest the divorce.
- A new option for couples to jointly petition will be made available.
- A minimum time-frame of six months from the initial petition for divorce and the granting of a final decree. The reasoning for this is to give the applicant time to reflect on their decision and reverse it if they desire.
If you would like to discuss this or any family matter with us then please contact Laura Martin or Julie Keogh on 01258 459361 or laura.martin@blanchardsbailey.co.uk or julie.keogh@blanchardsbailey.co.uk
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