The long-awaited no fault divorce law takes effect from 6th April 2022. This is arguably the biggest change to divorce law in the last fifty years.
The central change to the law is that the person applying for the divorce is now no longer required to rely on one of the five ‘facts’ (including adultery and unreasonable behaviour) in order to start divorce proceedings. Ultimately this is expected to make the entire divorce process more amicable.
In this summary, we highlight the key features of no fault divorce.
The Old Process
As above, the old process required divorcing couples to rely on one of five ‘facts’ in respect of the irretrievable breakdown of their marriage.
The five ‘facts’ included:
- Adultery
- Unreasonable behaviour
- Desertion
- Two years’ separation with consent
- Five years’ separation without consent
Accordingly, unless a couple was willing to wait, then one spouse must essentially take the blame for the marriage ending. This caused unnecessary, bitter disputes and further upset between parties.
The New Process- No Fault Divorce
Under the new process, applications for divorce are made either jointly or individually.
By allowing divorcing couples to apply jointly, there is arguably more scope for the whole process of separation to progress in a more balanced way, which should also help couples reach agreements about children and finances.
There is no room for parties to contest a divorce (save on very limited, technical grounds such as where one party disputes the court’s jurisdiction), which will also help to keep potential acrimony to a minimum.
The most important part of the new law is the removal of the aforementioned ‘facts’. Instead, parties only need to provide a statement of irretrievable breakdown.
To ensure the process is easier for all individuals to understand, the Latin terms presently used to dictate the stages of the divorce have been replaced with plain English: ‘decree nisi’ (the first of two divorce orders) has become a ‘conditional order’, and ‘decree absolute’ (the second divorce order which formally ends the marriage) has become a ‘final order’.
Applicants now have 20 weeks after filing their application to reflect on whether they wish to continue with the divorce. Provided this is the case, then an application for a conditional order (the first of two divorce orders) can then be made.
Considering divorce?
If you are considering divorce, expert family law advice should always be taken to ensure you have a clear understanding of your options, and the best ways to achieve an outcome that works for you.
For expert advice relating to any family law issue, including divorce, please do not hesitate to contact our team of friendly specialists on 0161 969 3131 or via our contact form here.