Introduction:
The landscape of divorce in England and Wales underwent a significant transformation on April 6, 2022, with the implementation of the Divorce, Dissolution and Separation Act 2020. This groundbreaking legislation introduced the concept of “no-fault divorce,” marking a departure from the traditional blame-oriented approach. In this article, we explore the implications and intricacies of no-fault divorce, shedding light on its processes, advantages, and potential challenges.
Understanding No-Fault Divorce:
1. The Shift in Legal Paradigm
The Divorce, Dissolution and Separation Act 2020 eliminated the need for couples to assign blame when seeking a divorce. Previously, divorce applications required one party to cite one of the five grounds, such as adultery or unreasonable behaviour, placing the burden of fault on one spouse. The new legislation emphasizes irretrievable breakdown without the necessity of apportioning blame.
2. Joint Applications and Updated Terminology
Under the previous system, divorce proceedings typically began with one spouse acting as the petitioner. The new law allows for joint applications, providing a collaborative approach to ending a marriage. Additionally, the legislation modernized divorce terminology, replacing terms like ‘decree nisi’ with ‘conditional order’ and ‘decree absolute’ with ‘final order.’
3. Minimum Waiting Period and Contested Divorces
To address concerns about a potential surge in divorces, the Act introduced a minimum waiting period of 26 weeks between the application and the final order. This “period of reflection” aims to allow couples time to consider reconciliation or make necessary arrangements. Importantly, the Act removed the possibility of contesting the divorce on grounds other than jurisdiction.
Navigating the No-Fault Divorce Process:
1. Application Process and Timeline
The divorce process now permits individuals or couples to make joint applications, simplifying the initiation of divorce proceedings. The introduction of an online system enhances accessibility. A sole application requires the other party, now referred to as the respondent, to acknowledge receipt within 14 days. The minimum timeframe of 26 weeks includes a 20-week waiting period for the conditional order and an additional 6 weeks for the final order.
2. Costs and Financial Considerations
Navigating the landscape of divorce often comes with financial considerations that need careful attention. In the realm of no-fault divorce, the goal is to provide a more cost-effective and less contentious process compared to traditional divorce methods. The aspiration is that the streamlined and amicable nature of no-fault divorce will lead to quicker and more affordable outcomes.
When it comes to the financial aspect of divorce, including arrangements for children and property matters, there are still essential agreements to be reached. While the divorce process itself may involve fixed fees, these associated costs will align with standard divorce proceedings.
The Debate Surrounding No-Fault Divorce:
1. Proponents’ Perspective
Advocates, including family law experts and prominent figures like Baroness Hale, argue that no-fault
divorce reduces conflict, promotes amicable resolutions, and modernizes an outdated system. The emphasis on irretrievable breakdown without blame aims to spare couples from unnecessary acrimony.
2. Opponents’ Concerns
Critics express concerns that the ease of obtaining a divorce might lead to a rise in divorce rates. Some argue that the sanctity of marriage could be compromised, and couples may not invest enough thought before tying the knot. The absence of fault attribution may also raise questions about accountability in certain situations.
The Role of Jordan Solicitors LLP:
1. Expert Guidance and Support
Navigating the complexities of divorce, especially with the introduction of no-fault divorce, requires
expert legal guidance. Jordan Solicitors LLP, with its commitment to providing clear and supportive
advice, offers a helping hand through the entire process.
2. Transparent Fee Structure
At Jordan Solicitors LLP, we specialise in “No Fault” Divorce, offering a transparent fee structure for
our services. For petitioners, our fee stands at £650 + VAT, with an additional court fee of £593,
resulting in a total cost of £1243. Respondents can benefit from our fee of £400 + VAT. If you’re not
the petitioner, you won’t incur the court fee, but there may be a possibility of being ordered to share
the cost. In cases where parties share the cost, we provide transparent quotes for our services.
Conclusion:
The advent of no-fault divorce is a pivotal moment in family law, aiming to foster a more
compassionate and efficient approach to the dissolution of marriages. If you are considering a
divorce or have questions about the new process, contact Jordan Solicitors LLP at 01302 365374.
