Lawyer Monthly - August 2021 Edition

34 WWW.LAWYER-MONTHLY.COM | AUG 2021 THE FINAL COUNTDOWN TO NO-FAULT DIVORCE England and Wales’ divorce laws are over half a century old. They require petitioners for divorce to rely on one of five grounds, namely: unreasonable behaviour, adultery, two years’ separation, five years’ separation or desertion. Needless to say, the process of the parties making allegations relating to unreasonable behaviour or adultery is often very fraught. The process therefore often leads to a further deterioration of relations, which then adversely impacts the chances of parties amicably agreeing on other matters such as a financial settlement and arrangements for their children. Once they have decided to separate, few couples want to wait until the two- or five-year time limits have elapsed to make an application as it can have an impact on financial matters and leave families in a state of uncertainty. The introduction of no-fault divorce means that, from 6 April next year, couples will merely have to show that the relationship has irretrievably broken down. One or both parties will simply need to provide a statement to that effect, and the divorce process can then proceed. The possibility of a party contesting the divorce will be removed, which will put an end to lengthy and costly proceedings that have often only increased acrimony. Couples choosing to divorce will also have the opportunity to submit a joint application, enabling them to progress through the divorce process in a more constructive way. The introduction of no-fault divorce has been in the offing for decades. As long ago as 1990, the Law Commission Report on the Ground for Divorce found that the UK’s current law on divorce was unjust, discriminatory, confusing, distorted the parties’ bargaining positions, increased acrimony and resulted in worse outcomes for children. The team which drafted that report was led by the redoubtable Lady Hale, who since remained a staunch advocate for the introduction of no- fault divorce in England and Wales. In a 2018 address to family law practitioners, Lady Hale noted the dysfunction of the current laws, stating that “The contents of the petition [for divorce] can trigger or exacerbate family conflict entirely unnecessarily. Respondents are encouraged by their lawyers to ‘suck it up’ even though the allegations are unfair. There is no evidence at all that having to give a reason for the breakdown makes people think twice. The decision to divorce is not taken lightly, but this is not because of need to prove one of the five facts.” Political opposition to the introduction of no-fault divorce was very limited as it passed through Parliament last year, with MPs voting in favour of the bill’s second reading by 231 to 16. Only a few politicians spoke against the legislation, such as Conservative peer Lord Farmer, who argued that “Making marriage easier to exit and sanitising divorce may make it less painful to the adults involved, but it is far more likely to weaken the institution of marriage than strengthen it.” The Final Countdown to No-Fault Divorce Naomi Lelliott, Lawyer Excello Law 110 Bishopsgate, London, EC2N 4AY Tel: +44 (0)845 257 9449 Email: nlelliott@excellolaw.co.uk www.excellolaw.co.uk Naomi Lelliott Naomi Lelliott is a specialist family lawyer, hybrid mediator and collaborative lawyer at Excello Law. She has particular expertise in guiding families constructively through the processes of divorce, separation or dissolution of civil partnerships. Excello Law Excello Law is a new-model law firm that holds 9 offices in the UK, with more than 120 lawyers operating nationally. Its staff support clients across the full range of business issues and legal services. The UK government recently announced that the Divorce, Dissolution and Separation Act 2020 will come into force on 6 April 2022, introducing no-fault divorce in England and Wales. This new legislation will allow divorce to be granted without any requirement to place blame on the other party, thereby making divorce proceedings far less contentious.