You’d be forgiven for thinking that no fault divorce in the UK was never going to happen. After a series of delays in 2021, the government set a date of April 2022 for the launch of no fault divorce laws, admitting that its previous launch date was ‘too ambitious’. So, will 2022 be the year for no fault divorce in the UK?
No fault divorce in the UK has seen a number of false starts over the past 12 – 18 months, leaving many people disappointed. Many have been waiting for the law to come into effect after the Divorce, Dissolution and Separation Act was passed two years ago. It’s been a long wait.
However, hope is on the horizon that a no blame means of divorce will be available in the spring. While no fault divorce laws have been opposed by some, there’s an overwhelming sense that the legislation will reduce the number of bitter divorce battles played out in court.
Long-awaited reform
Current divorce laws in the UK have long been viewed as archaic, and the demand for reform has been growing ever-louder in recent years. The looming introduction of no fault divorce has been described as ‘the biggest shake-up of divorce laws for more than 50 years’.
Commenting on no fault divorce in the UK when plans were first announced, former Justice Secretary, the Rt Hon Robert Buckland QC MP, said: “The reforms will stop divorcing couples having to make unnecessary allegations against one another and instead help them focus on separating amicably.”
“By sparing individuals the need to play the blame game, we are stripping out the needless antagonism this creates so families can better move on with their lives,” he added.
Is it worth waiting for no fault divorce UK laws to take effect before divorcing?
While the government has said that no fault divorce in the UK will come into effect on 6 April 2022, there’s no guarantee that it will. We have been here before, where dates have been set, only for delays to occur.
Therefore, it’s our recommendation that you don’t wait for no fault divorce laws. Ultimately, your needs and the needs of your children must take priority. So, if divorce is the right thing for you and your family, and there is no obvious risk of a dispute over a divorce application then it’s best to proceed ahead of no fault divorce laws coming in.
However, if a dispute does arise, there are other options. Alternative dispute resolution, such as family mediation, can help settle conflicts out of court.
In fact, last year, the government introduced a Family Mediation Voucher Scheme which provided up to £500 – on a first-come-first-serve basis – for people to put towards the costs of mediation in some family law cases.
Using a family mediation service to resolve disputes recently became more important after current UK Justice Secretary, Dominic Raab, announced that divorcing parents could face additional costs for ‘clogging up’ the family court system. Raab wants to see alternative dispute resolution used more often to ease pressure on the courts, which face huge backlogs.
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