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No Fault Divorce - Now on its Way!

Further to our recent article, the Divorce and Separation Bill has now reached the end of its journey through Parliament and The Law Society has reported that “no fault” divorce will be implemented in the autumn of 2021.

Lord Chancellor Robert Buckland has recently been reported as having told MP’s that the Bill’s reforms will not come into force on Royal Assent “because time needs to be allowed for careful implementation”.  Thus whilst the proposed legislation has moved forward, those wishing to take advantage of it will have to wait until 2021.  

The news has been greeted in a positive way by family lawyers. Moving forward the new law will assist lawyers in supporting clients to resolve matters in an amicable way.   It will be possible for a couple to petition for divorce jointly.   This is a crucial change to the current legislation.  A minimum overall timeframe will also be introduced.  However this will not be a “quickie divorce”.

As matters stand the detailed rules which will apply to the new process, as well as the Court forms, will need to be looked at in the light of these developments and hence it could be as late as the beginning of 2022 before the new procedure is in place.  

This is clearly a huge step as far as the practice of family lawyers is concerned and no doubt will be welcomed not only by practitioners, but couples as well who find themselves going through the painful process of divorcing.

Judith Fitzpatrick is a family lawyer with RDC Solicitors.  Should you need any advice regarding a family law matter, do not hesitate to contact her at judith@rdcsolicitors.co.uk or telephone on 01274 723858.

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