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Biggest Changes In Family Law For Over 50 Years

Family Law

Biggest Changes In Family Law For Over 50 Years

Introducing "no fault" divorce and removing the ability to contest a divorce, these are the changes you might want to be aware of...

Over the years there have been many changes in the use of legal terms with the introduction of same sex marriage also known as civil partnerships and by way of further example the move of residence and contact being umbrellaed under the now widely used term of ‘Child Arrangements’.


More recently, the law sees a further much bigger change in divorce law for over 50 years. This change follows on from the reported case of Owen v Owen (2018) which recognised the pressing need for a shift when Mrs Owen was unable to prove that her husband’s unreasonable behaviour was such that she could not be reasonably expected to live with him. This Act for “no fault” divorce was passed in June 2020 and will become law on the 6th April 2022 and removes the previous requirement for there being an element of blame on the receiving party which would traditionally, and quite understandably, add to unnecessary hostility, pressure and an increase in costs.

In practical terms this will mean that the sole ground for a divorce will be irretrievable breakdown of a marriage without having to prove one of the traditional five facts as follows:
  • unreasonable behaviour
  • adultery
  • 2 years desertion
  • 2 years separation 
  • 5 years separation 

Another interesting change is that contesting the divorce will no longer be an option (although there will be some legal grounds for challenging the divorce if needed) and there will be a ‘cooling off period’ of 4 months from when the conditional order (previously known as Decree Nisi) is granted until the Final Order (previously known as Decree Absolute) can be applied for. The idea behind this is that it allows parties a window to make their final decision.  


This is a welcomed change for many and should help in reducing acrimony between the couple, providing them with a more supportive way of moving forward constructively.  


To accompany this, in January 2022, a timely change was introduced to the practice of financial proceedings. This change is also to promote a constructive and less acrimonious breakdown of a marriage.


For any questions or concerns regarding these Family Law changes, speak with Neelam Mall, the Head Of Family Law at Ellis Hass & Co Solicitors. 

Neelam Hall

Head of Family Law

Neelam Mall has 17+ years expertise dealing with all aspects of Family Law matters including high net worth divorce, civil partnerships and cohabitation disputes, matrimonial financial disputes and issues surrounding arrangements for children of the family as well as advising on Pre-Nuptial and Post-Nuptial Agreements.


She also has particular expertise in dealing with emergency applications to prevent removal of children from England and Wales, and international family law matters.

Speak With Neelam
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