Introduction of no-fault divorce, which was originally due to take place in Autumn 2021, has been delayed until next year.
The government’s target for ushering in the no-fault divorce era will not be met. The courts minister, Chris Philp MP confirmed that the original deadline for implementation of the Divorce, Dissolution and Separation Act 2020 has been pushed back. The Ministry of Justice is now aiming to go ahead on 6th April 2022.
The Bill, which has been passed in the House of Lords, is widely recognised as having the biggest impact on divorce law in the UK for 50 years. The intention behind its introduction is to end the blame culture commonly associated with the divorce process and minimise the effect that allegations of blame can have on a couple and their children.
In a written response to a Parliamentary question, Mr Philp explained “The Ministry of Justice is committed to ensuring that the amended digital service allows for a smooth transition from the existing service which has reformed the way divorce is administered in the courts and improved the service received by divorcing couples at a traumatic point in their lives.
Following detailed design work, it is now clear that these amendments, along with the full and rigorous testing of the new system ahead of implementation, will not conclude before the end of the year.”
Philp also commented that this year’s “indicative” target was “ambitious” and stressed that the act provides for the biggest reform of divorce law in 50 years.
Law Society president Stephanie Boyce said “While we’re disappointed at the delay to the reforms, we welcome the continued commitment to ensuring the reforms are fit for purpose. It is better to have a working system in place rather than forging ahead when there are known issues.”
It has almost been a year since legislation was passed to enable couples seeking a no-fault divorce. This followed many years of campaigning from many in the legal profession calling for reform.
Under the current provisions, one spouse must allege adultery, unreasonable behaviour, or desertion for divorce proceedings to start immediately.
Once the reforms have been implemented, the spouse will only have to state that the marriage has broken down irretrievably.
Either spouse will be able to provide a statement confirming that the marriage has broken down without needing to evidence bad behaviour.
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