No fault divorce is due to come into effect in England and Wales on 6 April 2022. From this date couples will be able to get divorced without one person needing to lay blame on the other. This change will also apply to civil partnership dissolution.
This long-awaited reform to the law will enable couples and their lawyers to focus on their positive uncoupling rather than having to apportion blame, especially when their parting of ways is a mutual decision and there are children involved.
Our tips to achieving a good divorce
Putting your children first
Children undoubtedly cope better with a separation when their parents are not in conflict and can see a joined-up approach to their parenting. This continues into adulthood and their life events such as graduations, family events - perhaps even their own weddings.
For a free resource containing information, advice, and support to help parents journey through separation, divorce and beyond we recommend Resolution’s ‘Parenting Through Separation Guide’. You can download a copy of the guide here: Parenting Through Separation Guide
Reflect on how you are feeling
Take time out to prioritise your wellbeing. Understanding how you are feeling will also enable you to consider how you might be behaving towards your ex partner or children and the emotion behind some of your decision making. Whilst it may be a no blame divorce, there will still be a lot of pain and change - so think about using a counsellor or coach to help support you.
Find the right lawyer
A good lawyer will listen to what is important to you and work collaboratively with your spouse and their lawyer, as well as other professionals you may need to support you along the way.
Don’t wait for April 2022
There is a lot to think about before you even get to issue a petition, so we recommend getting advice early on.
Try alternatives to court
Court proceedings are likely to be much more stressful and costly than mediation, collaborative law or round table meetings. Ask your lawyer for help in deciding which alternative to court might work best for you, and don’t rule out conducting your own negotiations - with your lawyers supporting in the background.