The 6 April 2022 was a watershed in family law. Under the old law – the need to allege or at least threaten fault when bringing a marriage to an end often put a separating couple at odds from the outset. When adding the prospect of one party seeking costs for the marriage failing from the other the prospect of amicable negotiations concerning children or financial matters was bleak.
Following the 6 April, bringing a marriage to an end has become an administrative and much less confrontational application and parties being able to make joint applications negates the issue of fault being attributed to just one party.
More importantly, separating together makes it much more likely parents will be able to make child arrangements together and similarly resolve financial matters amicably and without recourse to the family court.
On reflection, the change in the law on 6 April was sensible, long overdue and should be welcomed by practitioners and their clients alike.