A Good Divorce: Is There Really Such A Thing?
As we enter Resolution’s ‘Good Divorce Week 2022′, an obvious question that springs to mind is whether there’s really such a thing as a ‘good’ divorce.
Well, for some, the answer is ‘yes’, and the changes to the divorce system in 2022 mean that even for those who wouldn’t ever describe their divorce as ‘good’, it’s certainly a good deal better than it might have been before the rules were changed.
No-Fault Divorces
2022 saw the implementation of the ‘Divorce, Dissolution and Separation Act 2020’ and with it came the biggest reforms to divorce laws in 50 years.
Dubbed the new ‘no-fault divorce’, the Act came into force on 6 April 2022, and couples will now no longer need to blame each other for the breakdown of the marriage just to satisfy a Judge that they should be entitled to a divorce.
Until April 2022, anyone wanting a divorce had to prove one of these five specific facts to convince the Judge that their marriage is at an end;
- Adultery
- Unreasonable behaviour;
- Two years separation and consent;
- Desertion; or
- Five years separation
Under the new rules, there’s a recognition that relationships don’t always end solely because of the behaviour of one of the spouses and that, as adults, spouses should be able to make the decision that their marriage is over without blame or delay.
Now, since April 2022, the sole ground for divorce is that the marriage has irretrievably broken down.
No blame game
No longer is there a need or indeed a place for further detail, justification or blame.
In a revolutionary move, the new rules allow couples to jointly apply for divorce, reflecting that the breakdown of a marriage doesn’t have to be a battle.
The new rules support the notion that separating couples can be amicable and, in some cases, even remain friends, despite the fact that they have decided that their marriage is over.
For many, they still need to cooperate and communicate with their ex-spouse as parents to their children.
Improving the relationship during their divorce by removing the blame can only help and make it easier for everyone to move forward effectively. Even in the most acrimonious relationship breakdowns, requiring one spouse to blame the other can only serve to increase that acrimony, making it all the more difficult for the parties to agree the financial or childcare arrangements in the short term or, indeed, effectively co-parent in the future.
Children benefit from parents who are able to communicate and make decisions jointly, truly co-parenting, regardless of whether those parents remain married or are separated.
Of course, for separated parents, such a cooperative relationship is easier to achieve and maintain when it follows a divorce that is not borne out of blame.
Contact Bennett Griffin
As members of Resolution – First for Family Law – we at Bennett Griffin LLP are committed to resolving relationship breakdowns in a constructive and non-confrontational way, as far as possible.
The previous divorce laws had long been contrary to that objective, requiring the apportionment of blame from the outset rather than striving to achieve collaboration at the earliest opportunity.
But the changes seen in 2022 mean that the answer to the question, can I really have a ‘good’ divorce is: yes.
And even if you couldn’t describe it as ‘good’, 2022 has certainly made it likely that it will be a ‘better’ divorce than in the past.
If you would like to discuss any issues regarding divorce or relationship breakdown, please contact Sarah or Jackie on 01903 229999 or slp@bennett-griffin.co.uk.