Kate Clark, Head of Family at Mishcon de Reya was featured in Solicitors Journal discussing the two-year anniversary of the introduction of ‘no-fault’ divorces in England and Wales.
Kate noted the increase in divorce applications compared to previous years following the change in the law. However, this surge was primarily driven by individuals who had already separated and were waiting for the new law to come into force before initiating divorce proceedings.
Kate also highlighted a significant benefit of the new system of the availability of joint divorce applications, allowing couples to mutually agree on the dissolution of their marriage:
This collaborative approach fosters cooperation and empowers both parties to navigate the process together. Joint applications offer psychological and practical advantages, including a sense of shared decision-making and greater control over the timing and progress of the divorce.
Kate further said that the new system had improved the position of divorcing couples, but challenges remain:
While the no-fault system has been widely welcomed by clients and professionals in the Family Justice System, challenges persist within the broader legal landscape. Delays and backlogs continue to pose significant obstacles, particularly for divorcing couples with children involved. Clark emphasizes the importance of ongoing reforms and improvements to ensure timely and equitable access to justice for all parties.
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