So, what am I looking forward to with the new law, the much heralded “No Fault Divorce”. I am hoping that it improves life for all those going through divorce, dissolution of civil partnership and judicial separation and their children.
Joint applications for divorce may sound novel, but it is not so odd when joint applications for consent orders on finances happen daily. A shared approach, is a step away from the “Them and Us” approach we have now.
Reasons for the marriage being over will need to be set out, but with the old “Facts” of adultery, unreasonable behaviour and so on being swept away, these can be kept simple, so no contorting your circumstances to fit the increasingly outdated rules.
Time to reflect has always been build into divorce law, with the current 6 week period between Decree Nisi and Decree Absolute surviving the law change. There is more, though, with a 20 week period of reflection before the Conditional Order (that replaces Decree Nisi). Add that up, tack on some time for submitting paperwork, and divorce will be impossible in less than 6 months and a typical divorce is probably going to take at least 7 or 8 months.I don’t think this will lead to more reconciliations, but I hope it leads to greater focus on resolving finances at an early stage. At present solicitors regularly have to agree not to apply for Decree Absolute before finances are resolved.
Plain English is something I am very keen on (what is a Nisi anyway?). The new terminology is much clearer, but after so many years of the old terms, it will take me a while to adjust.
I hope for a design change for the Final Order (replacing Decree Absolute). For years I have been baffled by how very dull Decree Absolute has been, leading me to attach notes to each one marked “Original” as it would be too easy to assume that it is unimportant. Decree Absolute is so significant, with its impact on lives, legal rights and suchlike so great, that it should be clearly identifiable (though the Court Portal documents are an improvement).
So, I am looking forward to a quiet revolution, the end of “blame” and focus on resolving the end of relationships with civility. Fingers crossed.
