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Lawyers in England and Wales are preparing for an increase in divorce cases this year as unmarried couples turn to new laws that allow them to end their marriage without trial.
The Divorce, Dissolution and Separation Bill will come into effect in April and has been hailed as a major violation of the 50-year divorce law.
Couples may cite a permanent divorce that is considered to be the sole reason for divorce, avoiding the need for one to blame the other.
The government wanted the law to take effect by the autumn of 2021, but changes in the IT courts and by-laws brought delays.
The law, first enacted in June 2020, allows thousands of couples to separate physically without taking responsibility for the disruption of one group, or living in unhappy families for many years.
Divorced couples are required by current law to stay away for extended periods or to show that one party is “guilty” of adultery, divorce, or “unreasonable conduct” in order to separate legally.
If one party does not provide the consent, the couple must be separated for at least five years before the divorce begins.
Nigel Shepherd, a consultant for law firm Mills & Reeve and former president of Resolution, a family law firm, said many couples were waiting to file a complaint.
“Right now if people want to do things peacefully lawyers should say, ‘one of you will blame the other’, which makes people wonder,” he said.
Simon Blain, a member of Forster’s law firm, admits: “Some people just want to wait. He does not want to start over with half an accusation. ”
“Criticism games” have been introduced in the divorce system in England and Wales since the 1973 Matrimonial Causes Act.
Charmaine Hast, head of the family department at Wedlake Bell, said a change in the law could force more affluent people to file their divorce papers online.
“Most self-employed people want to avoid imitating what they are accused of being stupid and immoral,” she said. “And to do so raises unnecessary heat at a time when exposure is very important, in my opinion.”
Tini Owens of Worcestershire denounced the injustice of the 1973 law when she was ousted. Supreme Court divorce in 2018.
Tini, then 68, argued that her estranged 80-year-old husband, Hugh, had rejected her proposal after 40 years of marriage, saying that he thought she had “a few more years” left to have fun together.
She hopes to be the first bride to be divorced under the new law but is now divorced after five years of separation.
Simon Beccle, a colleague at Payne Hicks Beach law firm who works in Tini Owens, said his client was frustrated and late, but hoped that “no one would ever do the dirty, unpleasant and expensive things he did”.
The need for separation is growing. There were 107,599 divorce cases in England and Wales in 2019, 18% from 90,871 in 2018, according to a recent survey. Office of National Statistics.
However, the ONS noted that the increase is reflected in the 2018 divorce crisis, possibly due to a shortage of staff, which should have turned into a divorce that ended in 2019. cases.
Several other states, such as Australia, Canada and other US states, already have laws governing divorce – but many others do not, such as Singapore United Arab Emirates and 33 US states.
In 2017, the academic report has a title Finding Fault? and Liz Trinder, a professor at the University of Exeter, found that about 48 percent of divorces in 2015 were granted as a result of “unethical behavior”.
He found that in some areas, especially France and Scotland, the use of the word “wrong” in divorce was one tenth of England and Wales.
The Ministry of Justice has declined to comment but has already stated that the new divorce law will reduce conflict and prevent families from harming children.
Chris Philp, the then attorney general, responded in a reply to Commons in June that the delay in complying with the new rules was due to a strong attempt to test the new system.
“While these delays are unfortunate it is important that we take the time to rectify this,” he said.
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