Divorce and separation

Divorce is a time of high stress, leaving us feeling both isolated and also exposed. The last thing we need is to worry about the intricacies of divorce law! So here is a simple explanation of the change in divorce law in the UK in 2022, bringing us the ease and convenience of no-fault divorces. 

1. The legalities of divorce

On 6 April 2022, a new era in divorce law began with the enactment of the Divorce, Dissolution and Separation Act 2020 (DDSA). Prior to this legislation, obtaining a divorce in England and Wales required citing adultery or unreasonable behaviour. Alternatively, couples could opt for a two-year separation with consent, or, in the absence of consent, a five-year separation or desertion.

The DDSA 2020 introduced the concept of ‘no-fault divorce.’ While the grounds for divorce remain the same – irretrievable breakdown of the marriage – the court now accepts this claim without requiring proof of blame. Under this new law, the respondent cannot contest the applicant’s decision to end the marriage unless there are specific jurisdictional or procedural issues. Additionally, the DDSA allows for joint applications for divorce, making the process less contentious.

The primary objective of this legislative change is to reduce conflict and bitterness that often arise in contentious divorces focused on blame. This shift aims to help couples better address other important issues such as arrangements for children and the family home, fostering a more peaceful and clear-headed approach.

2. The myth of common law husband and wife

Relationships are all about trust and confidence. But sometimes we can find ourselves building these things on a commonly held myth.  This can leave us out of our depth if we then choose to separate.  To prevent being wrongfooted, make sure you know the facts behind the idea of common law relationships...

In the UK, marriage is still advocated as a formal union. Despite many couples living together for years, their relationship holds no legal status akin to marriage. Co-habiting couples do not have the same legal rights and protections as married couples. The UK does not legally recognize common law husband and wife, leaving co-habiting couples largely unprotected in terms of finances, property, and inheritance upon separation.

However, this does not mean couples are entirely without rights. Contributions to the home, mortgage, food, child-rearing, and significant physical contributions can play a role in property disputes, especially if there is an intention of joint ownership. While separation agreements can be helpful, the legal framework primarily centres around marriage.

3. Emotional impact

Divorce and separation can be debilitating, confusing, and emotionally exhausting. Navigating both the practical and emotional challenges can be overwhelming. Women, in particular, often worry about their homes and children, striving to protect these while forging a new path. Support during this time is crucial. Being able to talk about feelings and practicalities with good friends, family, or professionals can make a significant difference.

This is also a time to consider the support of life coaches or specialist coaches who can guide you through the difficulties. It's important to remember that emotional turmoil is not exclusive to marital breakdowns but also applies to other significant breakups. Those who have experienced abusive or harmful relationships may need additional support to recognise and come to terms with their experiences and to look forward to a happier future. Breakups are not the end of the road but the beginning of a new one.