New ‘No fault’ divorce laws are a game changer in England and Wales
New laws that allow married couples to divorce without assigning blame come into force in 2022, a major shake-up in family law.
It’s the biggest reform of divorce law in fifty years - and aims to reduce conflict between couples legally ending a marriage or civil partnership.
The new divorce process will work to reduce conflict between couples at a traumatic point in their lives, and reduce the negative effects on children, reflecting the Government’s Reducing Parental Conflict programme. This programme builds on the evidence of best practice to reduce harmful levels of parental conflict below the threshold of domestic abuse, working with local areas to help them embed support in their local services for families.
The Divorce, Dissolution and Separation 2020 Act will commence in England and Wales in April 2022.
Before the new law comes into force, The Ministry of Justice and Family Procedure Rule Committee need to identify changes for the Family Procedure Rules and supporting practice directions, and devise new procedures.
Officials have started to identify, design and build the necessary amendments to the court forms and amend the new online digital divorce service, while the procedural rules are being finalised.
Those procedural changes will shape amendments to the family court forms, the online digital divorce service, and the information on www.gov.uk. The Family Procedure Rule Committee has now consulted on draft rule amendments and is working to finalise these rules post consultation.
Importantly this work includes consideration of commitments made during the passage of the Act through parliament to improve the information and signposting for couples when they navigate the legal process of divorce, dissolution or separation.
The Ministry of Justice is committed to ensuring that the amended digital service enables a smooth transition from the existing service which has reformed the way divorce is administered in the courts and improved the service received by divorcing couples at a traumatic point in their lives.
The Government also aims to encourage family mediation as a way of resolving arrangements for children and the division of assets on divorce.
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