It is finally here, 6th April 2022, the date that many family lawyers have been waiting years for. From this date forward parties will no longer have to attribute blame to the other person in order to achieve a divorce. No-fault divorce (after years of campaigning for it) has arrived.
Grounds for 'no-fault' divorce
The grounds for divorce remains the same, irretrievable breakdown of the marriage but the five facts, which were adultery, unreasonable behaviour, desertion, 2 years separation with consent and 5 years separation, have gone. If you are of the view that your marriage or civil partnership has irretrievably broken down this is now all you need to present your application for a divorce to the court. This can be done either as an individual or jointly with your partner.
Changes to divorce law
Divorce law terminology
The “divorce petition” is replaced by the "making of an application to the court for a divorce".
Instead of a “Decree Nisi” you will be given a "Conditional Order".
The “Decree Absolute” is now called a "Final Order".
Divorce timeline
The period from the date of the application for a divorce through to the making of the Conditional Order will take a minimum of 20 weeks. There is still the minimum period of 6 weeks between the Conditional Order and the Final Order to allow for “cooling-off”, a period of reflection. It also allows time for other matters such as the children arrangements and financial matters to progress, hopefully amicably.
Divorce process
Divorce proceedings can no longer be contested by the other person, which again aids to reduce stress particularly in cases of domestic abuse.
As there is now an end to the blame game, it is hoped that parties are able to resolve children and financial matters without the hostility that has existed from the filing of adultery and unreasonable behaviour petitions.
So, whilst divorce and the ending of civil partnerships is a very difficult time for all concerned it is now hoped that the divorce process will be less harmful to relationships and children.
No-fault divorce does not affect financial commitments to each other and it is important that legal advice is obtained when seeking to resolve the finances.
Contact our Leeds based Family and Divorce Solicitors on 0113 320 5000, or email today via family@winstonsolicitors.co.uk.
