Believe it or not, the current divorce law is almost 50 years old, having been enacted in 1973. If one considers how the world has changed since then it is hardly surprising that for some time the current law has not been appropriate. The main difficulty with it is the requirement to allege blame, either adultery or unreasonable behaviour, as the required grounds to get a divorce before separation for more than 2 years.
Thankfully, well overdue change is imminent. As from 6 April 2022 the divorce law will be changed, and a new regime introduced which provides the option of an immediate ‘no fault’ divorce without the requirement to wait for 2 years separation to have elapsed. In line with the ongoing modernisation of the family justice system, the process will be an electronic online function. Full details have not yet been published by the Ministry of Justice, but it is anticipated that the new process will look similar to the existing one at a practical level and on timescales.
The specialist family law team at Berwins takes great pride in its support of, and expertise in, dispute resolution options, taking a solutions-based and constructive approach as is fitting for sensitive family issues. The change in the divorce law is very much aligned with this and we welcome the introduction of it.
William Kaye is a Senior Consultant Solicitor in our Family team. To contact our Family team, you can call us on 01423 543 108.