{"id":21752,"date":"2022-04-06T06:18:55","date_gmt":"2022-04-06T10:18:55","guid":{"rendered":"http:\/\/worldjusticenews.com\/news\/?p=21752"},"modified":"2022-04-06T06:20:05","modified_gmt":"2022-04-06T10:20:05","slug":"end-of-blame-game-in-divorce-laws-in-england-and-wales","status":"publish","type":"post","link":"https:\/\/worldjusticenews.com\/news\/2022\/04\/06\/end-of-blame-game-in-divorce-laws-in-england-and-wales\/","title":{"rendered":"End of blame game in divorce laws in England and Wales"},"content":{"rendered":"
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The most far-reaching change in divorce laws in decades has come into force – ending the need for separating couples to blame one of themselves.<\/b><\/p>\n<\/div>\n<\/div>\n

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The launch of no-fault divorces for England and Wales comes after years of campaigning by family lawyers.<\/p>\n<\/div>\n<\/div>\n

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They argue the removal of blame from divorce will help more people rebuild their lives and protect children.<\/p>\n<\/div>\n<\/div>\n

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A form of no-fault divorce exists in Scotland – but blame rules will remain in force in Northern Ireland.<\/p>\n<\/div>\n<\/div>\n

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What’s been the system until now?<\/span><\/h2>\n<\/div>\n
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Under the old rules in England and Wales, anyone who wanted to split swiftly had to accuse their partner in a divorce petition of desertion, adultery or unreasonable behaviour.<\/p>\n<\/div>\n<\/div>\n

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If not, they had to spend two years apart if both partners agreed, or five, if one of the couple objected to the split.<\/p>\n<\/div>\n<\/div>\n

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Most family law experts have long said the system exacerbated problems for a separating couple – making it harder for them to agree over finances, assets and the future of their children.<\/p>\n<\/div>\n<\/div>\n

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It also trapped people in loveless and sometimes abusive marriages as the dissenting partner controlled the one who wanted to leave.<\/p>\n<\/div>\n<\/div>\n

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What’s the new divorce system?<\/span><\/h2>\n<\/div>\n
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One partner, or both acting together, can file for divorce, without having to give a reason or apportion blame.<\/p>\n<\/div>\n<\/div>\n

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A statement that their marriage is over will, in most cases, be all the proof the court needs.<\/p>\n<\/div>\n<\/div>\n

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There is a 20-week period between starting proceedings and applying for a conditional order, and a further six-week period before divorce is granted.<\/p>\n<\/div>\n<\/div>\n

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The same no-fault rule applies to the dissolution of civil partnerships.<\/p>\n<\/div>\n<\/div>\n

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Judges will still step in to resolve disputes over children, maintenance or the just division of wealth.<\/p>\n<\/div>\n<\/div>\n

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But those cases aside, legal experts say that the reforms will help a huge number of the 100,000 couples who divorce every year – people like Olivia Jack from north London.<\/p>\n

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When Ms Jack concluded in 2018 her marriage was over, she was shocked when a divorce lawyer explained she would have to blame her husband if she wanted out quickly.<\/p>\n<\/div>\n<\/div>\n

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“I felt very uncomfortable right from the beginning,” she says.<\/p>\n<\/div>\n<\/div>\n

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“Someone had to be the bad guy. So, once I found out about the need to apportion blame, that put the brakes on.<\/p>\n<\/div>\n<\/div>\n

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“It felt that it was not going to be useful to the divorce process, especially when young children were involved.”<\/p>\n<\/div>\n<\/div>\n

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The couple decided to wait out the two years – and they used the time to work with a divorce coach to agree how best to look after their children and divide their assets.<\/p>\n<\/div>\n<\/div>\n

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At the end of the two-year period, they legally parted – the closest they could come to a quick no-fault divorce.<\/p>\n<\/div>\n<\/div>\n

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What’s been the reaction to the new law?<\/span><\/h2>\n<\/div>\n
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Olivia says she and her ex-husband would have used the new law had it been available, because they wanted to part without becoming enemies for life.<\/p>\n<\/div>\n<\/div>\n

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And it’s a view shared by the divorce law profession.<\/p>\n<\/div>\n<\/div>\n

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\"Divorce<\/span><\/div>
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Divorce lawyer Karen Dovaston: Lawyers have lobbied for the change for years<\/div>\n<\/figcaption><\/figure>\n<\/div>\n
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Karen Dovaston of the Law Society’s family law committee has lobbied for years for no-fault divorces.<\/p>\n<\/div>\n<\/div>\n

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“This new law will be more humane,” she says.<\/p>\n<\/div>\n<\/div>\n

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“It also recognises the dignity of people wanting to be divorced, and it gives them some autonomy.<\/p>\n<\/div>\n<\/div>\n

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“I’m hoping that that sets the tone and the culture and it will roll over into resolving financial and children matters – that’s where you really want to have a civilised settlement and a resolution.”<\/p>\n