The introduction of the “no-fault” divorce law two years ago marked a pivotal change in the way couples in England and Wales navigate the end of their marriages.
Aimed at reducing conflict between separating spouses, this change has reshaped the landscape of divorce.
However, while the legal system has evolved, there remain significant challenges, particularly in the family courts, which continue to face severe delays and pressures.
(Read Time: Approx. 4 minutes)
Topics Discussed:
- How the “no-fault” divorce law has transformed divorce proceedings.
- The ongoing challenges facing the family court system.
The Impact of “No-Fault” Divorce
Introduced to help couples separate with less acrimony, “no-fault” divorce allows them to end their marriage without the need to place blame or prove wrongdoing.
Previously, divorcing spouses had to demonstrate one of five grounds for divorce, including adultery or unreasonable behaviour, which often heightened tensions.
Now, couples can file for divorce jointly or individually without accusing one another of fault.
This change has resulted in a more straightforward and often less stressful process for many.
According to government data from the last quarter of 2023, around 75% of divorce applications came from sole applicants, with the remaining 25% from joint applications, including civil partnership dissolutions.
This demonstrates that the system is being utilised by many who appreciate the more amicable approach.
However, while the introduction of “no-fault” divorce has provided a significant improvement, not all couples are aware of the changes.
Solicitors have reported that many separating couples still approach divorce with the expectation of having to prove fault.
Early legal advice can play a vital role in helping people understand their options and navigate the new process efficiently.
Delays in the Family Court System
Despite the positive shift in divorce law, the family justice system remains under immense strain.
Delays in the courts have been a consistent issue, exacerbated by the backlog from the COVID-19 pandemic.
In the last quarter of 2023, the average time for a divorce to be finalised was 69 weeks—just over 16 months—representing a two-week increase from the same period in 2022.
These delays have serious consequences, particularly in cases involving children or financial settlements.
Couples find themselves in prolonged periods of uncertainty, which can lead to emotional stress and financial strain.
With HM Courts and Tribunals Service estimating that it could take up to three years to return to pre-pandemic efficiency, the current situation remains concerning for divorcing families.
The president of the Law Society, Nick Emmerson, has highlighted the need for government action.
He stresses the importance of restoring early legal aid advice for family matters and ensuring that the courts have enough judges, both full-time and fee-paid, to manage the increasing caseload.
Without these changes, the system will continue to struggle, leaving families in limbo.
Navigating Financial Settlements Amid Delays
For many divorcing couples, financial settlements are a crucial part of the separation process.
However, these settlements cannot be approved until divorce proceedings are underway, creating additional challenges when the system is delayed.
Couples may be eager to finalise their finances but find themselves caught in the lengthy court process.
Obtaining early legal advice is essential – a solicitor can help ensure that all necessary documentation is prepared and submitted promptly, reducing the chances of further delays.
Understanding the timing of applications, from the divorce petition to the conditional order (formerly the decree nisi), can also help couples move through the system as efficiently as possible under the circumstances.
Summary
The “no-fault” divorce law has significantly changed the way couples approach separation, allowing for a less confrontational process.
However, ongoing delays in the family court system continue to hinder the swift resolution of divorce cases, especially when children or financial settlements are involved.
If you’re considering divorce, it’s essential to seek early legal advice to navigate the system effectively.
For personalised assistance with your divorce or financial settlement, contact Solicitor Divorce today to ensure you get the guidance and support you need during this challenging time.
Contact us today to discuss your case – call us at 01772 282768, fill in our contact form here, or message us on our 24/7 WhatsApp phone line.