“No fault” divorce is here: industry reaction

Yesterday, 6^th April, marked the arrival of the widely anticipated “no fault” divorce to the family law sector.

Changes to the Divorce, Dissolution and Separation Act, and the resulting option for couples to choose a no fault divorce going forward, should mean more straightforward and amicable divorces for clients, but what are the impacts for family law practitioners?

This week’s newsletter is dedicated to showcasing in-depth opinions and analyses of the introduction of no fault divorce from some of the most respected experts in the field, including Susan Williams (Ince), Suzi Denton (Irwin Mitchell), Farhan Farani (Farani Taylor), and Graham Coy (Wilsons Solicitors LLP), which can all be viewed in the Features and Opinion sections of Today’s Family Lawyer.

Further industry reaction and comment on this new era of divorce law can be found below.

Charles Hale QC, barrister at 4PB, said:

“The family justice system, like the criminal justice system, is creaking at the seams. This is despite huge efforts by those working in it including those in charge of Courts – the HMCTS if the MOJ do not look at drastic action – and that means more money. The backlog of cases caused by Covid, with the increased cases now, will combine to produce the perfect storm. Not only are buildings crumbling but cases are taking longer and longer to get to a judge. Whether its money or children cases, the reality is that it will always be the vulnerable and children that suffer the most. The vast majority of hard working judges would agree – they can’t cope already, and they have little to no bandwidth for more.”

Alex Davies, Partner and Head of Family Law at Cripps Pemberton Greenish said:

“The advent of No Fault divorce is a very welcome reform, but what is worrying is the crashing silence on Cohabitation law reform. The real issue that needs to be addressed is the law around Cohabitation. With marriage rates declining, it is clear that more and more couples are choosing not to marry. Many people find themselves financially extremely vulnerable when their cohabiting relationship ends because they are not entitled to make financial claims as married people can on divorce. This year marks the 15th anniversary of the Law Commission’s report, “Cohabitation: The Financial Consequences of Relationship Breakdown”, which recommended wholesale reform. So far the government has chosen not to act. It is high time parliament addresses this injustice that affects women disproportionately.”

Simon Donald, Partner, in the Family team at Cripps Pemberton Greenish said:

“The introduction of ‘no fault’ divorces finally allows practitioners, divorcing spouses and the courts to move away from what has become an archaic requirement for the breakdown of the marriage to be proven by the ‘fact’ of a spouse’s adultery or alleged unreasonable behaviour, or requiring a couple to have lived apart for either two years or five years. The term ‘unreasonable behaviour’ alone inherently carries connotations of blame, yet this was the only ‘fact’ that could be relied on if no other applied. Divorcing couples were forced to use this language even when they themselves recognised that they had simply grown apart or their lives were moving in different directions. In reality, introducing ‘no fault’ divorces fixes a problem that family lawyers and the courts had already worked hard to resolve in practice. This remains an important change in the law, and a significant change in the language that will now be used, which will be invaluable in changing the public perception of one party having to be to blame for the breakdown of the relationship. Importantly, it continues to promote the profession’s desire to avoid unnecessary conflict on the breakdown of a relationship.”

Zoe Porter, Partner and Head of Family at Ashfords said:

“Few cases end up in court over the actual divorce – and those that do, very much grab the headlines. The vast majority of big cases that head to court are usually finance or children related – and the new divorce ground won’t change this. The fees incurred for a divorce are de-minimus in comparison to the potential legal fees of parties fighting over their assets, or their children and good lawyers should be advising clients to take a commercial view on any potential dispute over divorce fees.”

Antonia Mee, partner at Burgess Mee Family Law commented:

“We’re looking forward to the introduction of no-fault divorce, which will hopefully put an end to the ‘blame game’ that can permeate the preliminary stages of a separation. Despite most family law practitioners having moved with the times, there is still the occasional petition written – or typed – in ‘poison ink’ that only serves to upset and destabilise both parties. With no-fault divorce, the last vestiges of this antiquated practice should be consigned to history.

The new system will, we hope, provide separating couples with more certainty and less stress from the outset of their divorce proceedings, encouraging an amicable rather than adversarial approach to achieving fair financial and children agreements. The long-overdue divorce reforms reflect a general shift in family law away from contentious court battles towards constructive dialogue, as seen with the rise in mediation and co-parenting arrangements.”

 

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