On 6 April, the biggest reform to divorce law in nearly 50 years comes into force with the Divorce, Dissolution and Separation Act 2020, the long awaited “No Fault Divorce”. Family lawyers have long campaigned for change as the Matrimonial Causes Act 1973 became increasingly out of step with modern life. So what are we so keen to get rid of and why?
We can’t wait to get rid of a focus on blame. Those people who want a divorce within 2 years of separation have to use the “adultery” and “behaviour” facts at present. Solicitors who subscribe to the Resolution Code of Practice do not name 3rd parties and keep the allegations to the minimum, but seeing itemized examples of poor behaviour can be devastating for parties.
Those clients who come in asking us to keep things amicable, must be mystified by the current rules. When there a children involved, law that encourages the polarisation of parties works against their interests.
Defended divorces are being consigned to history; for anyone who has ever seen defended divorce proceedings up close, that is a very good thing. The idea that one person says the marriage has broken down irretrievably and the other disputes it has always been odd, and in some cases a way for an abusive spouse to continue to exercise control.
That said; there is a potential wrinkle in the law here. What if the Application for a Divorce Order alleges a crime by one party, hotly disputed? Under current law that can be challenged, if denied a right to challenge under the new law, will there be attempts to use other legislation? I expect to see some tension around this as the new law beds down.
With most lawyers taking the view “good riddance” towards the old law, there is much to look forward to.
