A number of updates and changes to Family Law are anticipated over the coming months, including Domestic Abuse Reform and changes to Divorce legislation.
No-Fault Divorce
This is one of the most anticipated updates to the legislation by practitioners. The new law is expected to come into force in the latter months of 2021, and will remove the current requirement for a party to prove there has been “an irretrievable breakdown” of the marriage. This is currently done by way of five facts, which are:
Unreasonable behaviour
Adultery
Two years separation with consent
Five years separation
Desertion
Once the new legislation comes into force, the need to provide a fact will be removed.
The new legislation will also remove the ability for one spouse to contest if the other wishes to proceed with a divorce.
Finally, parties will be able to make a joint application for divorce should they wish.
Historically it has been a complex balancing act for practitioners drafting these petitions, ensuring the legal threshold is met without risk of inflaming the other spouse, and risk losing all hope of matters being conducted amicably. It is hoped the changes to divorce law will enable clients to keep the divorce process calmer and less contentious moving forward.
The contents of this article do not constitute legal advice and are provided for general information purposes only.
The contents of this post do not constitute legal advice and are provided for general information purposes only ■
