Should I wait for no-fault divorce?

A bill to introduce no-fault divorces in England and Wales finally received backing from MPs in 2020. The Divorce, Dissolution and Separation Bill has now reached the finishing line of its parliamentary journey and time will now be taken to ensure its careful implementation.

The key aspect of the bill is that it dispenses with the need to place blame or live separately from a spouse for at least 2 years in order to be able to start divorce proceedings and prove that a marriage has broken down.

Family lawyers have campaigned for a significant number of years for the introduction of no-fault divorce in order to limit unnecessary animosity between separating couples who are left with no option but to place blame on the other for the breakdown of the marriage, or have to wait for between 2 to 5 years.

The bill also seeks to introduce 6 month timeframes to the divorce process in order to reduce unnecessary delays and will allow for couples to be able to jointly petition for divorce.

It is anticipated that the bill will be fully implemented by autumn 2021. Some separating couples may decide to wait to begin divorce proceedings until that time in order to avoid the need to place blame. There may be a number of reasons though why it is beneficial to start divorce proceedings straight away rather than waiting until this time. The proceedings can still be approached amicably.

At George Green LLP our family solicitors are members of Resolution Family Law and as such are committed to the constructive resolution of family disputes. They will advise clients in respect of the drafting of the divorce petition and advise of the possible steps that can be taken in order to approach divorce proceedings in an amicable and constructive manner.  

If you would like any further information or advice in relation to divorce proceedings, our specialist family lawyers are happy to help. Our lawyers have offices based in Wolverhampton and Cradley Heath and provide assistance to clients across the West Midlands including: Stourbridge, Kidderminster, Birmingham, Dudley and Walsall.  For all new enquiries, please call 01902 328 365, alternatively you can complete our online enquiry form and a member of our team will be in contact.