What’s the difference between current divorce law and the proposed changes?

At present, the petitioner in a divorce case has to select a reason why the relationship has broken down irretrievably. Critics of the current divorce system believe that these reasons are too linked to the idea of blame, as they include adultery, desertion and unreasonable behaviour.Many people believe that making an ‘accusation’ in this way makes divorces unnecessarily acrimonious, and makes things very difficult for couples who simply want to separate amicably.

No-fault divorces remove this requirement to name a specific, accusatory reason for divorce and provide proof. Irretrievable breakdown of the relationship would be the only reason required.

How will no-fault divorce work?

Until the law is changed, no one knows exactly what the process will be for applying for a no-fault divorce. Based on the government proposals, it is likely to be similar to the current process, but possibly with a few differences including:

• Allowing both parties to apply jointly for divorce – at the moment, one person must petition the other
• Permitting irretrievable breakdown to be the only reason for divorce, without having to supply any further ‘facts’ in support (such as adultery, for example)
• Courts may not need to check for evidence to support a given reason for divorce, so the process could be quicker. However, it isn’t clear if one party would have the right to contest a divorce petition issued by their ex-spouse.

When can we expect any changes to come into effect?

If you’re delaying your divorce with the proposed changes in mind, you may be waiting a good long while. The government only recently closed its consultation on the proposals (in December 2018) and they will now need time to come up with a detailed response. This is expected by spring 2019 at the earliest.

If the law is to change, this is unfortunately not a speedy process. The government will need to draft new legislation and pass it through Parliament, which can take many months. The timing is not great either, as Parliament is understandably very distracted with Brexit negotiations and legislation. It is very likely that changes to divorce law will not be a priority, so it may be some time before there are any updates. There’s even a small chance that the current system won’t be updated at all.

If you’re facing divorce and want as amicable an experience as possible, speak to the experienced, friendly team here at Liverpool divorce solicitor Tracey Miller Family Law. As a member of Resolution, we’re committed to guiding you through the process with little or no hostility between you and your former partner. Please call us on 0151 515 3036 or 07795 060 211.