The Divorce, Dissolution and Separation Bill received Royal Assent on 15 June 2020. The new Divorce Bill includes details of reasons why the couple are permitted to provide for the breakdown in the relationship. According to the new changes under this Bill, one spouse no longer needed to assign a blame on the other spouse with the purposes of obtaining a divorce. This is called “no fault” divorce.
This new divorce system will mean that spouses will be able to jointly file their petition without having to blame each other being at fault, i.e. unreasonable behaviour of the party receiving the petition.
What does no fault divorce mean?
Under the current provisions, in order to initial divorce proceedings and obtain a divorce, the spouse filing petition has to blame the other, unless they have been separated from each other for a period of at least two years.
The introduction of the new system, the so-called “no-fault divorce”, will mean that spouses will be able to initiate proceedings for divorce jointly without having to blame each other. This makes it easier for divorcing couple to end their relationship more amicably and smoothly. This will not only make it easier for divorcing couple but also for their lawyers as they will be in a position to resolve the issues in a more constructive manner. If parties also have children, the new system will mean that any possible impact on children may be minimised.
