No fault divorce - will ending the 'blame game' mean game over for divorce lawyers?

In this IIL webinar, Kate Daly discusses ending the 'blame game' and the changes to the law the Divorce Dissolution and Separation Act 2022 (DDSA) brought about. As well as summarising the changes, she discusses the impact on consumer behaviour and what this means for legal service providers, debating whether this signals 'the end' for traditional divorce lawyers and why the DDSA is just the tip of the iceberg for divorce law reform.

No-fault divorce came into effect in England and Wales on the 6th of April 2022. It is the biggest shake-up to divorce law since the 1960s and will help more couples separate without blame.

No-fault divorce has removed blame from the legal process, marking the end of the 'blame game'. The change in law enables couples to apply for divorce together in a joint application, or individually. A 20-week reflection period has replaced the need to provide a reason for divorce, such as unreasonable behaviour or having been separated for at least two years (with consent) or five years (without).

The removal of blame, combined with the government’s digitisation program and new divorce portal has transformed the divorce application process and negated the need for a solicitor to manage the divorce process. It has also created a challenge to traditional law firms who use the divorce process as the gateway to higher value service and who struggle with joint applications as they are unused to working with couples. Consequently, the legal marketplace is in flux as consumers looks to save money and the government encourages them to do their divorces themselves.

Removing the poison of blame from divorce has been a positive first step toward avoiding unnecessary conflict between separating couples. However, more needs to be done. More people than ever are choosing to do their divorce themselves via the government's citizen portal. 70% of divorce applications are via the 'citizen journey'. However, the signposting is confusing for couples on the critically important financial remedy element. amicable is working with the Ministry of Justice to improve the language and the range of options for sorting out money and property and creating more positive change to our divorce and financial remedy laws.

Learning objectives:

• What changes to the divorce process have occurred
• What impact this is having on consumer behaviour and legal services providers
• Future reform needed to improve access to justice and reduce conflict in divorce and financial remedy proceedings

You will be sent a confirmation email shortly after booking. If you have not received this within one hour, please contact Patricia Pedraza (020 7397 3911).

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