6 April 2022 sees the long-awaited no-fault divorce law

6 April 2022 sees the long-awaited no-fault divorce law come into effect in England and Wales, so here’s a short guide about the upcoming changes for Private Family clients’ awareness.

For over 50 years, the current law made obtaining a divorce very difficult for some people, as to prove the marriage had irretrievably broken down by relying on one of five facts. The parties had to either have been separated for a period of 2 or 5 years or have been deserted by the other for a period of 2 years or more. If they did not want to wait that long they would have to bring a fault-based petition, making allegations against the other party for the reasons as to the breakdown of the marriage, either adultery or unreasonable behaviour. This could often create animosity and tension between spouses seeking a divorce and gave the other party the opportunity to defend the proceedings if they did not want the divorce to proceed.

The long-required reform of the law has introduced the Divorce, Dissolution and Separation Act 2020 (‘the Act’). The reformed law allows a couple to obtain a divorce without the necessary requirement of a fault-based petition and making allegations against the other parties’ conduct.

Under the Act, the irretrievable breakdown of marriage will remain the only ground for divorce. However, the requirement to rely on one of the five facts for the proceedings will be removed. The Act will permit couples to apply jointly allowing a divorce with little animosity. Alternatively, the Act will still permit only one party to apply for a divorce should they choose.

To obtain a divorce under the new Act will take a little longer. Since the introduction of the HMCTS online portal uncontested divorces where the parties were co-operating were taking approximately 3 months to conclude. Previously parties had to wait 6 weeks and one day from the pronouncement of Decree Nisi before being able to apply for Decree Absolute. However, there will now be a minimum of 20 weeks between issuing and reaching the first stage of the divorce to give a period of reflection and the possibility of reconciliation. The parties must still wait the additional 6 weeks between Decree Nisi and Decree Absolute. This means the process will take a minimum of 6 months to conclude.

There is also a change to terminology. The person applying for the divorce was previously called the petitioner. They will now be known as applicant one and two (if a joint petition). Decree Nisi was the first order to end the marriage will now be called a Conditional Order. The Decree Absolute, which is the second and final legal order ending the marriage is now called a Final Order.

Further it will now be almost impossible to defend divorce proceedings. The only two challenges which can still be brought are on the basis that the courts in England and Wales do not have jurisdiction to deal with the divorce, or the that the marriage was invalid in the first place.

There has been no change in relation to court fees which is currently £593 to issue a petition.

Whether you decide to proceed with a divorce under the current law or decide to wait until the new Act comes into force, we recommend you seek legal advice early on. There can be issues which you may not have foreseen when issuing a petition, and it is important that you do not limit any financial claims you may need to bring in the future. 

Get in touch with the Family team here at Jordans Solicitors

If you would like to make an appointment to discuss your options, please do not hesitate to contact the Family Law department here at Jordans Solicitors.

Just call our offices on 01924 387110 and speak to a member of the Family team who will be more than happy to help.