Explaining the Divorce Process
If you're considering leaving your spouse or partner, one of the first questions you're likely to ask is: "What are the grounds for divorce?" It’s a common query, especially as many people still think you need to prove someone was “at fault” or that you have been separated for years before you can begin the process.
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Our Family Law team have broken down exactly how it works, what options you have, and what to expect at each stage.
So, What Are the Grounds for Divorce?
Under the Divorce, Dissolution and Separation Act 2020, which came into effect in April 2022, you no longer have to give a specific reason for the divorce, such as adultery or unreasonable behaviour.
Instead, you simply need to confirm to the court that your marriage has broken down irretrievably. There is no need to prove fault or provide evidence.
What was the divorce law before 2022?
Before the 2022 reform, there were five possible facts which you could rely on for a divorce application in England and Wales:
- Adultery
- Unreasonable behaviour
- Desertion
- Two years’ separation with consent
- Five years’ separation without consent
The problem was that it often forced couples into conflict. Especially if one person did not want to wait years after the separation and felt they had to blame the other. This was emotionally difficult, particularly for parents trying to stay amicable, and could drag out the legal process.
What Changed in 2022?
The 2022 reforms replaced the idea of fault with a no-fault system. Now, the process is more focused on moving forward rather than assigning blame.
No fault is required, so there’s no need to prove separation or wrongdoing. The ability to contest a divorce is almost entirely removed under the new reform. You can apply for divorce jointly or individually although it is important to be aware that the new process includes a 20-week reflection period.
This shift has helped make divorce less acrimonious and more constructive. Especially for families with children who want to make as clean a break as possible.
What If I Still Want to Mention Adultery or Behaviour?
You can still talk about what happened within your relationship with your solicitor. This is particularly important if it’s relevant to child arrangements or financial matters. But you won’t need to raise it in the divorce application itself and indeed there is no facility to do so. The court no longer requires or considers blame when deciding whether a divorce should be granted.
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What Are the Steps in the Divorce Process?
Here’s a breakdown of how it works under the current law:
1. Apply for a Divorce
You can apply online or by post. You can do this alone (a sole application) or together (a joint application). You simply need to confirm that your marriage has irretrievably broken down. Your former partner will need to respond, which is usually a very simple online confirmation.
2. 20-Week Reflection Period
Once the application is issued, there is a 20-week waiting period before you can apply for the next stage. This gives couples time to reflect, make arrangements, and confirm that they really do want to proceed.
3. Apply for the Conditional Order
After 20 weeks, you can ask the court for a Conditional Order (formerly known as the decree nisi). At this stage the application is considered so the court can confirm it sees no reason the divorce can’t proceed.
4. Apply for the Final Order
Six weeks after the Conditional Order, you can apply for the Final Order, which legally ends the marriage, however it is very important to take advice before finalising the divorce as it could be important to get financial issues resolved before you change your legal status as a married (or civilly partnered) person.
Do I Still Need a Solicitor?
While the process itself may appear simpler, it’s still vital to get legal advice before you proceed. The divorce application includes questions regarding financial claims, on which you should take advice. Wider legal advice is also vital, especially when it comes to dividing finances and property, agreeing on arrangements for children, including understanding your rights around pensions, inheritance, tax or business assets and the changes which ending the marriage will bring.
Divorce deals with far more than just the paperwork concerning the marriage. Ending the marriage can have huge financial consequences and advice should be taken before you take this important life decision. A solicitor can help you reach a fair financial settlement, avoid costly mistakes, and ensure that your future is protected.
What If We're in a Civil Partnership?
The same rules apply to civil partnerships. Civil partnerships can now be dissolved using the same no-fault process as divorce, with an application stating that the partnership has irretrievably broken down.
How Can Our Family Law Team Help You?
So, to answer the question “What are the grounds for divorce?” The answer is that there is only one and you now do not need to evidence this by way of the old reasons. Since 2022, all you need is a simple, clear statement that your marriage has broken down irretrievably.
This change has made the process simpler, kinder, and more focused on moving forward, particularly for families who want to avoid blame and minimise stress. It remains a very key life step, however, and the financial, as well as the emotional impacts, cannot be underestimated, and this is where legal advice is vital.
Our Family Law team is here to support you with practical, empathetic advice tailored to your situation. Whether you’re just thinking about separation, or already ready to move ahead.
Speak to our Family Law team today for a confidential, no-obligation chat. We’ll help you take the next step with clarity and confidence.
