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No Fault Divorce Law – A Timely Reminder

It has been in the news for some time now that a new ‘no fault’ divorce law will replace existing divorce laws. By way of reminder, the changes will take effect from 6th April 2022, however, the latest guidance received by Family lawyers confirms that, unless urgent, petitions for divorce under the existing law must be sent to the Court by 4pm on 31st March 2022.

So, what does this mean for you?

If you are considering commencing divorce proceedings but are unsure how to proceed, contact one of our Family Law Specialists. The new ‘no fault’ divorce law will remove the ability to set out reasons as to why you feel the marriage has broken down. It will simply require a statement confirming that the marriage has broken down beyond repair, which can either be completed by yourself or jointly with your spouse if you both agree. It will also initiate a 20 week ‘cooling off’ period between the date of issue and the date upon which an agreement reached in respect of the financial matters arising from a marriage breakdown can be considered by a Judge.

There may therefore be benefits to issuing a petition now that will be lost come 31st March but there may also be benefits in waiting for the new law to take effect.

If you have been considering commencing divorce proceedings and are wondering whether the above time frames will impact your situation, please do not hesitate to contact our Family Team.

These notes have been prepared for the purpose of articles only. They should not be regarded as a substitute for taking legal advice.

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