Home / George Ide / No fault divorce? It’s not as easy as it sounds

No fault divorce? It’s not as easy as it sounds

3 October 2022

April 2022 saw a major overhaul of the divorce law in England and Wales, the first such revision since the 1960’s. Under the new rules, no longer is it necessary to blame your spouse for the breakdown of your marriage nor to have a long period of separation – the whole legal divorce process has been simplified.

Spouses wishing to separate from each other can now file a divorce application jointly or solely and, although the application must rest dormant for a period of 20 weeks, it can then be finalised six weeks after that.

In line with the rule changes, a publicly-accessible government internet portal has been set up to enable couples to manage their divorce process online. Still relatively new, the portal remains under development but overall it is working reasonably well.

So far, so good – this all sounds fairly easy, right?

Well, this year’s procedural updates have certainly made obtaining a divorce easier than it previously was. However, it is important to be aware of some of the legal pitfalls that remain so as not to prejudice your rights – to bring future financial claims, to occupy a family home or benefit in the event of the untimely death of your spouse, for example – and seeking individually-tailored legal advice can be crucial.

It is also important to remember that obtaining a divorce does not automatically bring financial obligations to an end; in some circumstances, claims can be brought many years in the future, so it is always a good idea to address any outstanding issues at the as part of the initial divorce process.

If you have any questions about the new divorce laws in England and Wales or would like to make an enquiry about family law, please contact us on 01243 786668 or at info@georgeide.co.uk

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