April the 5th 2022 heralds what many are describing as the biggest change in divorce law in 40 years.
Under the old rules in England and Wales, anyone who wanted to divorce quickly had to accuse their partner in a divorce petition of desertion, adultery or unreasonable behaviour.
If not, they had to spend two years apart if both partners agreed, or five, if one of the couple objected to the split.
We have long said the system exacerbated problems for a separating couple, it can be divisive and makes it harder for them to agree over finances, assets and the future of their children.
It also often trapped people in loveless and sometimes abusive marriages as the dissenting partner controlled the one who wanted to leave.
So, what is the new divorce system?
Under the new rules one partner, or both acting together, can file for divorce, without having to give a reason or apportion blame.
A statement that their marriage is over will, in most cases, be all the proof the court needs.
There is a 20-week period between starting proceedings and applying for a conditional order, and a further six-week period before divorce is granted.
The same no-fault rule applies to the dissolution of civil partnerships.
Judges will still step in to resolve disputes over children, maintenance or the just division of wealth.
But those cases aside, legal experts say that the reforms will help a huge number of the 100,000 couples who divorce every year
If you are considering a divorce, looking for assistance with disputes over children of financial settlements, Alexander JLO’s family department have a wealth of knowledge and experience to assist you. Why not email or call us to see what we can do for you?