Whose fault is it anyway?

Whose fault is it anyway?

The 6 th April 2022 heralds a significant change in the law governing divorce and dissolution of civil partnerships in England and Wales; until today a spouse wishing to divorce would need to demonstrate to the court that their marriage had broken down irretrievably relying on one of five facts, three of which required the apportionment of blame on the other party.

The Divorce Dissolution and Separation Act 2020 now allows a party seeking to divorce to cite simply that in their view their marriage has irretrievably broken down without needing to apportion blame, the Act also allows spouses to make a joint application to divorce.

The ending of a marriage is undoubtedly an upsetting and stressful time for all those involved and the removal of the apportionment of blame should significantly assist parties in addressing their separation in a non-confrontational manner. The “no fault” divorce procedure should allow divorcing couples to focus on matters surrounding the living arrangements for their children and the division of their financial assets rather than the apportionment of blame for the breakdown of their marriage.

There are normally a number of legal and financial implications which arise from the ending of a marriage and it is extremely important that if you are considering separating from your spouse or partner that you seek legal advice at the earliest opportunity to ensure that your legal rights are protected and that you make informed decisions in the immediate aftermath of your separation.

If you are considering divorce or separation and require advice then please contact our accredited and experienced family law team at JNP Legal. We are here to support and navigate you through the legal implications of your separation and we can be contacted at any time on 01685 350421; law@jnplegal.org; and at www.jnplegal.org