From autumn 2021, the Divorce, Dissolution and Separation Act 2020 will introduce ‘no fault’ divorces.

The current law is changing as this was considered outdated and it makes separation more difficult and acrimonious for couples. Casting blame can create more difficulties when the parties are trying to agree how the matrimonial assets should be divided or how childcare should be shared.

There are three main changes to the new law:

Absence of blame - Parties may simply state that the relationship has broken down and some couples will be able to make a joint application for divorce if they wish, helping to reduce animosity.

Removing objections - It will not be possible to contest a decision to divorce simply because one party does not want the divorce to go ahead.

Timing - The minimum time period required for a divorce to be finalised will increase to 26 weeks. However, in practice, most divorces are not finalised within six months due to ongoing discussions about the division of finances.

Should divorcing couples wait until the autumn?

Potential benefits of waiting include:

The divorce may be more amicable as no-one needs to be blamed.

Reduced legal costs due to less contentious financial settlement/child arrangement discussions

Waiting could work best if one spouse is likely to object to the divorce (and no adultery has taken place).

However, waiting to divorce may cause more problems than it solves in some cases. For example:

If you agree a financial settlement now but wait to start your divorce petition under the new law, you will not be able to obtain a court order recording the financial agreement. Any agreement reached relating to the division of finances will not be legally binding and could be altered later at the time of the divorce. We recommend that finances are not divided prior to the divorce.

You will not be able to apply to the Family Court to assist with financial disputes until you begin the divorce process, which could increase animosity and stress for both spouses.