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If you have taken the life-changing decision to end your marriage, you may have been through a painful and difficult time to arrive at this point.

 

As of 6th April 2022, “no fault divorce” has been introduced in England and Wales, brought about by the Dissolution and Separation Act 2020. No fault divorce has significantly simplified proceedings and enables couples to end their marriage or civil partnership individually or jointly. Additionally couples no longer need to blame one another, which removes the ability to make allegations about the conduct of a spouse.

 

Previously, parties had to evidence irretrievable breakdown, proved by at least one of five reasons, which included adultery, unreasonable behaviour, desertion, two years separation with divorce consent or five years separation with no consent required. This is no longer a requirement. Now, the only thing needed to successfully obtain a divorce, is submission of the application, along with a statement to explain how the marriage has broken down irretrievably, which the court must take as conclusive evidence.

 

Key Changes

• No blame will be apportioned

• An application can be made by a sole applicant or jointly by both parties

• Contesting the divorce will no longer be an option

• There will be a minimum of 26 weeks from the application for the divorce to the conditional order, for a period of reflection, should the parties wish to reconsider

• Terminology has been updated. The ‘Petitioner’ is now the ‘Applicant’, ‘Decree Nisi’ becomes ‘Conditional Divorce Order’ and ‘Decree Absolute’ is now ‘Final Divorce Order’

 

Since neither party has to give one of the five standard reasons for divorce, it removes conflict from the process, as well as delay. The new legislation reflects the times more appropriately. Removing the reasons also means that it cannot be disputed, enabling a much less complicated divorce.

 

Due to the recent changes, the legal process of getting a divorce has never been more straight forward, but we understand that this can still be a very emotionally challenging time. Many applicants may feel confident to issue the proceedings without legal assistance, but should you need to consult with a professional, the barristers at Huddersfield Chambers are here to help.