On April 6th 2022, the new no fault divorce law will be introduced. In this article, we’ll discuss what a no-fault divorce means, and how this law will impact the children of divorcees.
As of April 6th 2022, no fault divorce will come into effect in England and Wales. It’s one part of several changes to divorce law, outlined in the Divorce, Dissolution and Separation Act. Under a no fault divorce, couples can end a civil partnership or marriage, without having to provide a reason.
A no fault divorce means that the parties involved do not have to blame each other for the relationship breakdown. Couples will no longer have the option to contest the divorce, ensuring a smoother process for everyone involved.
This will, no doubt, make the process of divorce simpler and easier for many. It is also set to change the impact these situations have on any children involved. Take a look at how this might be the case…
Why is UK divorce law changing?
According to current divorce law, couples must present reasons and facts, as evidence that the relationship cannot be salvaged. The acceptable reasons for divorce currently include adultery, unreasonable behaviour, or a separation of desertion period of 2 years.
If one party contests the divorce, a longer separation period (of 5 years) is required. As it stands, a divorce petition is raised by one person who, in theory, must blame their partner for the divorce.
The current divorce law has been criticised for causing needless conflict between divorcing parties. As of April 6th, these rules will no longer be in place, and no fault divorce will offer an easier process.
These changes are set to be a real game changer, both for divorcing couples and their children. So how exactly will no fault divorce impact the children of divorcees?
How will no fault divorce change things for divorcee children?
Under current divorce law, couples need to assign blame as part of the divorce procedure. In many situations, blaming each other causes more conflict. Many couples are happy to pursue a mutually beneficial divorce, and so blaming each other is often incredibly unnecessary.
When couples are encouraged to find fault with one another, this can cause emotional turmoil, which can end up affecting the children involved. To protect children during a divorce, it’s crucial to reduce conflict. A poorly managed divorce can end up unduly affecting a child’s mental health
Divorce proceedings can be lengthy and expensive. When no fault divorce law comes into- affect, couples will be able to access faster and less complicated divorces. As a result, legal costs will be significantly reduced.
Separating with a partner can often be a financial struggle, with new living costs to arrange for you and your children. Saving a bit of money will have a positive effect on your future, and the future of your kids.
Puts needs first
Our existing divorce law focuses on fault but, under the new rules, involved parties have the opportunity to consider their needs. For example, when couples are not required to assign blame, they’ll have more time and energy to focus on custody arrangements.
Arranging custody can be difficult; parents will need to mutually agree on what’s best for their children in terms of living arrangements. Negotiations can be challenging, and it’s advised that both parties get legal advice beforehand.
No fault divorce will offer divorcing couples a faster route to divorce. As it stands, many divorces are associated with separation processes and conflict that can last years. Speeding up the divorce procedure will have a positive impact on the children of divorce.
Once the divorced proceedings are over, everyone involved can move forward and adjust to a new way of life. Divorces are emotionally draining for children, and a long and drawn-out process can emphasise the negative effect. For both couples and their children, no fault divorce is about offering a less stressful experience.
Divorce experts believe that there will be many other benefits of a no-fault divorce, including:
• Monetary settlements being based on the person’s economic circumstances, as opposed to fault or blame.
• People can leave a relationship without needing to publicly raise certain personal circumstances.
• No fault divorces are granted on an unilateral basis. Only one member of the couple needs to believe that the marriage is unsalvageable, to start the divorce proceedings.
When couples blame one another for divorce, children may end up hearing their parents speak badly of one another. To promote healthy parent-child relationships, bad-mouthing your ex-partner to your children is best avoided.
To ease the strain on your children, it’s important to continually think of their needs, and shield them from negativity where possible. By removing blame and striving to keep the peace, couples can promote healthy relationships in their family, for the benefit of everyone involved.
The pros of no fault divorce for children are numerous
There are many pros of no fault divorce for the children of divorcees. Existing divorce laws have given rise to additional conflict, which can severely impact a child’s mental health. Under new divorce laws, couples can minimise conflict, speed up the process, and save money on legal expenses.
All of these pros can benefit the children of divorcing couples. Additionally, removing blame can sometimes encourage healthier parent-child relationships too.
As we move towards April 6th, divorcing couples across the UK can look forward to an updated process that reflects modern lifestyles, and seeks to reduce disputes for the adults and children involved. Always do your research, many solicitors will offer help like this guide