Ground breaking history is being made in the world of Family law!  The new “No Fault” Divorce law is set to come into force on the 6th of April 2022.

The family system at present is based on the premise that one party has caused the marriage to breakdown irretrievably.  However on the 25th of June 2020, a new divorce law was given the royal assent in regards to “No Fault” Divorce which completely discounts the 5 facts/grounds. For example in the past, divorcing a spouse could have been based on the ground of a spouses’ adultery, behaviour, desertion or separation.

The Divorce, Dissolution and Separation Act 2020 will allow married couples to divorce without assigning blame. This will help to reduce conflict within the legal process and hopefully reduce the length of time of the process and the costs for parties involved.

To summarise the new law:

–              The new Act consists of 9 sections and a schedule making amendments to the Matrimonial    Causes Act 1973.

–              There is a chance for Applicants to do joint applications.

–              Updated terminology.

–              There are procedural changes including service by court and by email.

–              Court applications must be done digitally through the Online Portal.

We at Hubbard Pegman and Whitney welcome these new changes in the law. We agree that this will make divorces less time consuming for clients and reduce the hardship of divorce. We are aware that the Ministry of Justice is still in the process of producing the new forms so there may well be a few hiccups initially.

If you would like assistance in relation to a Family or Divorce matter, please contact Primrose Hudson on 0208 735 9772 or email ph@hpwsolicitors.co.uk

 


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