The Divorce, Dissolution and Separation Act 2020 removes the need to prove marriage breakdown by the fact of adultery or unreasonable behaviour or require the couple to have lived apart for two or five years. This is ‘an important change in the law, and a significant change in the language that will now be used, which will be invaluable in changing the public perception of one party having to be to blame for the breakdown of the relationship’, said Simon Donald, partner at Cripps Pemberton Greenish.
Graham Coy, head of family at Wilsons Solicitors, anticipated some people might ignore the mediator’s advice to consult a lawyer and end up not seeking legal advice until their divorce was at an advanced stage. He also predicted ‘a trend in simple cases becoming unnecessarily complicated’ where people ran into problems after attempting to ‘navigate the legal landscape without legal advice’.
Family lawyers have reported clients choosing to wait for the ‘no-fault’ option to become available. Zoe Porter, partner at Ashfords said she expects ‘a surge in applications’ but also some delays.
‘With so much of the country suffering the effects of COVID, most sectors are experiencing staff shortages and the court system is no different,’ she said.
‘We are already experiencing long delays in the process of applications (and the listing of hearings depending on where in the country you are based) and I can see this continuing for the foreseeable future.’
Research by law firm Fladgate shows one in two divorcees would have plumped for a no-fault divorce had it been an option at the time (70% of men and 40% of women).
More than one quarter (28%) believed fault-free divorce would have made their split less acrimonious.
Fladgate partner Hetty Gleave said: ‘It is anticipated that this will help to ease up the pressure placed on the already stretched court system in England and Wales, who will be freed from entering into the quagmire of marital “he said/she said” and attributing blame for the breakdown of marriages.’
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