The word divorce carries such negative connotations. It implies something acrimonious, painful, nasty. The process itself doesn’t help – in the UK, filing for divorce requires you to apportion blame, and to be separated for at least five years before legally splitting.
Until now. After years of campaigning by lawyers and family rights groups, tomorrow (April 6), sees the “no-fault” divorce come into force. A tweak to divorce laws in England and Wales, it will enable couples to end their marriage jointly without having to say one person was in the wrong and is being hailed as “the biggest shake-up of divorce law in over half a century”.
Prior to the “no-fault” law, couples were required to give one of give reasons for the breakdown of their marriage: adultery, unreasonable behaviour, desertion, two years separation (if both agree), or five years separation (if only one person wants to divorce). Now, a statement citing irretrievable breakdown can be made either together or individually, and will be deemed “conclusive evidence” to end the marriage.
Once you have given notice that the marriage is over, there will be a ’20 week reflection period’, after which you will be granted a conditional order, then have to wait a further six weeks before applying for a final order. The new process is being described as “longer, but kinder.”
While the new law is undoubtedly a positive step forward in reducing the conflict associated with divorce and will help couples separate in a more amicable way, critics are concerned that the 20-week delay could be harmful to those in abusive relationships and that more needs to be done in terms of safeguarding the mental health of children whose parents are separating.
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