What could the new divorce law currently moving through Parliament mean going forwards?
The Divorce, Dissolution and Separation Bill has recently passed its second reading in the House of Commons. The intention of the Bill is to reduce acrimony for families divorcing by ending the requirement for there to be any blame. It is hoped that the reforms to divorce law will make the process more straightforward.
Currently, the only current ground for divorce in England and Wales is that a marriage has broken down irretrievably. This can be evidenced by one of five facts the most common being on the basis of one person’s adultery or behaviour. By removing the need for such allegations and blame many people believe that it would allow the divorce process to be smoother. Furthermore, it would help to maintain amicable relations between individuals which is important especially when children are involved.
As an experienced family lawyer, the most common reason I find people cite when seeking a divorce is that they have drifted apart. A change in the law would enable such couples, where relations are still amicable, to divorce with dignity. Currently, a couple in these circumstances who didn’t wish to rely upon a fault based ground such as adultery would need to live apart for a period of two years which isn’t always realistic.
There has been a suggestion that some couples are delaying divorce to ensure that their divorce can proceed pursuant to the new Bill. There are currently no indications as to when the Bill will become law and people should not delay in taking legal advice. In some cases, particularly where there are jurisdictional issues or concerns about disposal of assets it can be important to issue a divorce petition without any delay.
If you are considering separation we would recommend you take advice from a specialist family lawyer as soon as possible so you fully understand your legal position. Some couples may then choose to wait until the reforms are implemented if this suits their circumstances. However, for the vast majority of people there is no legal need to wait for the reforms. Delaying a divorce can have serious legal implications and most people will be advised to proceed and not wait for a future change in the law. We certainly welcome the change in divorce law as a way to reduce family conflict but we do not anticipate a future surge in divorce applications as a consequence.
For further advice in relation to divorce and financial matters please contact Amy Harris, a senior associate at Brabners on 0161 836 8950 or via email amy.harris@brabners.com.
