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Divorce is not something anyone would wish to go through, and although divorce rates have been seen to decrease in most recent years, thousands of people still file for divorce each year.

On the 9th April 2019, the 50-year-old divorce law that was in place across England and Wales was updated, meaning that couples no longer need to blame each other for the breakdown of their marriage. The requirement that blame be taken by one party has been shown to exacerbate conflict, which in turn could have a directly negative impact on any children involved.

New Divorce Law: Why is the Law Changing?

The new divorce laws have come into place following a public consultation where justice professionals and those with direct experience in handling a divorce shared their views on the new reforms. Justice secretary David Gauke said, “Hostility and conflict between parents leave their mark on children and can damage their life chances.” He added, “While we will always uphold the institution of marriage, it cannot be right that our outdated law creates or increases conflict between divorcing couples.”

The proposed Changes for a No Blame Divorce

There are several changes put forward for the new divorce law, including the following:

Replacing the requirement for evidence of a “fact” regarding behaviour or separation with the requirement for parties to provide a statement of irretrievable breakdown.

Creating the option of a joint divorce application (as well as keeping the option for one party to initiate the process).

Removing the ability to contest a divorce.

Introducing a minimum timeframe of 6 months from the beginning of the petition for a divorce to the final stages, to allow couples to reflect on their decisions before finalising the divorce.

The new reforms are said to retain what already worked well in divorce proceedings, but amend what could cause more hostility and prevent families from moving on amicably once the divorce has been finalised.

The New Divorce Law: How We Can Help

The trusted team at Broadbents Solicitors have been providing reliable support, advice and guidance for those going through divorce proceedings. At this time of high stress, it is important that you have access to expert advice at a reasonable cost. For more information on our services, please call our dedicated team today – Alfreton 01773 832 511, Derby 01332 369 090, Heanor 01773 769 891, Sutton-in-Ashfield 01623 441 123. Or send your enquiry through to our online contact form.

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