Does No Fault Divorce give a Space for mediation?

The Divorce, Dissolution and Separation Act 2020 will come into force on 6 April 2022 introducing the much heralded no fault divorce procedure. Married and civil partnership couples will be able to divorce without assigning blame. This is perhaps the most fundamental change in family law and civil partnership law in the last 50 years.  

Although the Act does not make any changes to financial remedies, there is a major shift in the way divorce procedure will be dealt with. The new legislation means that once an application is made for a divorce order or civil partnership dissolution no application for a conditional order (previously decree nisi) can be made for at least 20 weeks.  

Consequently, there is a period of 20 weeks in which little or nothing may happen to resolve financial disputes through the court. This is a golden opportunity for parties to resolve their financial affairs or arrangements for their children through mediation. The mediation process can be utilised by the parties during this Space to arrive at an agreed solution that can be presented as a consent order when applying for a conditional order for divorce. It will be a cheaper and quicker method for resolving disputes than a court- based process which is already struggling due to cuts in public funding and stretched resources.  

Jacqueline Marks