Couples will no longer need to play the blame game, when it comes to divorce

Last year, The Divorce, Dissolution and Separation Act 2020 was given Royal Assent and will now come into force on 6th April 2022. This new Act means couples will no longer need to attribute blame to get divorced if they agree that their marriage has sadly broken down. Whilst the Act is now law, there are other changes required to enable it to be used – by April 6^th 2022, those changes will have been completed and the Act will be available for couples to use.

For many in the legal sector, this is an extremely welcome change and a positive step in the right direction for amicable resolution. For too long, our UK laws have been quite archaic, when it comes to separation; so, the new Act, I believe, should allow for a more constructive approach.

Under the existing law, it is necessary to prove that the marriage has broken down irretrievably by selecting one of five reasons. Two of these require one party to place blame on the other, namely by claiming adultery or unreasonable behaviour as the causes. Where unreasonable behaviour is cited, examples of that behaviour are then stated within the divorce petition. Even though these are generally kept as neutral as possible, blame is ultimately attributed to one person and can increase hostility, at an already challenging time.

Alternatively, for the other remaining reasons, a minimum period of two years must have passed to be allowed to pursue divorce proceedings.

The new Act will create a sixth option for couples to pursue, where neither blame nor a two-year separation will be necessary to file. The introduction of this option will allow parties to simply state that their marriage has irretrievably broken down and make an agreement to end their union in a timely and amicable manner.

Some critics are already stating that this new Act will allow people to pursue a ‘quickie’ divorce, but in my opinion, this won’t be the case. The length of time divorce proceedings take won’t be significantly reduced, as that’s not the design behind the Act. Rather, the new option will provide couples with a more cordial start to their divorce and hopefully, lead to a reduction in stress and acrimony at what can be a very challenging and upsetting time.

During my time as a family mediator and lawyer, I’ve never encountered a couple who’ve taken the notion of divorce lightly.  However, I have encountered couples who could have really benefitted from this new option; and would have preferred a route that lent itself to a blameless separation. For many couples that I speak with, the priority in a divorce is always the children, should there be any, and the financial split of assets. Usually, unless there’s an indisputable reason for blame, it’s a difficult choice to make about who starts the divorce and where the fault lies; and this is never the priority.

I truly believe this Act will be a positive development for our legal system and will allow more proceedings to begin on a more neutral footing. Couples are usually still incredibly upset when their divorce begins, so this should ease the turmoil. However, it shouldn’t be seen as an ‘easy out’; which I think is a concern amongst certain groups.

I believe couples won’t stop trying to make their marriage work simply because they no longer need to place blame or live separately for two years to get divorced. By the time most couples seriously consider divorce, the relationship has already broken down beyond repair; so, this Act will only help couples split more constructively and agreeably.

With the introduction date for The Divorce, Dissolution and Separation Act announced as April 6th 2020, it will be interesting to see how many divorcing couples opt for this in their proceedings.

Usually, unreasonable behaviour is cited as the top reason given on divorce; however, I believe this will change as couples look to divorce in the most harmonious way possible. I know many lawyers will likely recommend this as the most uncomplicated course of action, but the reality of how the Act will work within the UK’s legal system is still yet to be seen.

Helen Cankett is a Family Mediator and Collaborative Lawyer at BPE Solicitors