Page 44 - Real Rochdale Issue 16 Winter 2022
P. 44
M B no fault, no blame
Molesworths C MOLESWORTHS BRIGHT CLEGG trainee solicitor, Katy Dunn, reviews the most
significant change to divorce law since 1973.
Divorce is a painful and stressful process. Legislation governing divorce law and
Family Lawyers marriage in England & Wales had, for a long time, been governed by The Matrimonial
Causes Act (1973). This had placed apportioning fault and blame within relationships
as the central ground within divorce, arguably adding to the already unpleasant
• Divorce • Arrangements for Children nature of divorce.
• Cohabitation Agreements • Social Services interventions On 6 April 2022, a new and long-campigned for piece of legislation brought major
changes, when the Divorce, Dissolution and Separation Act 2020 came into force.
• Matrimonial Finances • Pre-Nuptial Agreements
• Separation Agreements • Asset Protection The Old Law In today’s society we expect be issued by one party to
different things from marriage the marriage or as a joint
Under the 1973 Act, than we perhaps once did. application. Instead of using
www.molesworths.com Tel: 01706 356666 the ground for divorce To many people, individual one of the five facts to support
was the ‘irretrievable happiness is valued with their application, the only
Octagon House. 25-27 Yorkshire Street, Rochdale, OL16 1RH breakdown of marriage’ higher regard than remaining requirement is for one party
based on proof of one of in a relationship simply to confirm that they believe
five ‘facts’. ‘Facts’ included because it is the ‘right thing the marriage has irretrievably
the respondent’s adultery, to do’. Commonly, fault is not broken down.
unreasonable behaviour, a factor of marital breakdown
desertion (if deserted for at all. Attributing fault, The new act has created
two years continuously which may in reality be non- a twenty-week period of
without consent), two existent, to one party for reflection allowing time for
years’ separation with the marital breakdown inevitably couples to agree financial
respondent’s consent or five created tension, added further arrangements and providing
years’ separation without. unpleasantness to an already opportunity to reconcile.
difficult situation and often If separation is inevitable,
The first three ‘facts’ required made agreeing arrangements relations can perhaps still be
the respondent to be blamed for the children of the family maintained.
for the breakdown of the and reaching a financial
marriage. Despite this, many settlement difficult to achieve. Conclusion
couples understandably
continued to proceed to The New Law Divorce will never be
divorce, based on one of anything other than difficult
the first three fault-based The introduction of the and stressful for all parties
facts, to avoid the need to Divorce, Dissolution and concerned. However, no-
wait two to five years to Separation Act 2020 has been fault divorce has reduced
divorce. Additionally, the the biggest reform of divorce the amount of hostility and
most common application law for almost fifty years. The conflict that the old law
was ‘unreasonable behaviour’, act now allows parties to apply inevitably created between
often used even if the to court for divorce by stating parties by placing often
applicant believed their that their marriage has broken exaggerated and undeserving
spouse had committed down irretrievably without blame for relationship
adultery as this still needed to apportioning any blame. A breakdown entirely on one
be proved if denied. divorce application can now party.
REAL ROCHDALE - WINTER 2022 44 45 REAL ROCHDALE - WINTER 2022
