England and Wales set for major change to divorce law

'No-fault divorce' is aiming to make the process easier

Getting a divorce is set to get easier from April 6
Author: James DiamondPublished 12th Jan 2022
Last updated 27th May 2022

The Government is introducing a major law change that will allow married couples in England and Wales to get a divorce without forcing one person to blame the other.

'No-fault divorce' will come into effect on the 6th of April and the hope is that it will make the process more amicable.

England and Wales' divorce laws are nearly half a century old and up until now, those who want a divorce have had to prove one of five things: unreasonable behaviour, adultery, two years' separation, five years' separation, or desertion.

This often leads to a further breakdown in relationships which impacts other matters such as finances and child arrangements.

Research shows that 43% of people feel like divorce forces people to blame and criticise each other, and one in three say the process should be made easier.

Kimberley Bailey is a family law specialist who has been campaigning for 'no-fault divorce' for years.

She explains that the change means that "rather than saying that the reason for this is because he did this or she did that, we’re simply saying, it’s done, and I want a divorce please."

And she hopes that "taking out the element of we don’t have to argue why will hugely help both the animosity and the cost."

Though, it is still yet to be seen whether the new law will improve the process of divorce or even encourage those on the fence to consider it further.

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