From 6th April 2022, divorce law in England and Wales has changed dramatically following the Divorce Dissolution and Separation Act coming into force. For the first time ever, it is now possible for a person to divorce their spouse without alleging fault – the long awaited “no fault divorce”. Although this article refers to divorce only, there are mirror provisions to end civil partnerships.
Under the law previously, unless one party wanted to wait until they had been separated from their spouse for a period of at least 2 years, they had to “blame” the other person for the breakdown of the marriage by alleging either unreasonable behavior or adultery. This increased the opportunity for acrimony between separated couples.
Since 6th April2022, if, following the breakdown of a marriage, one party wants to divorce their spouse, they can apply for a divorce on the basis that their marriage has irretrievably broken down. They do not need to allege a supporting fact in order for the divorce application to be issued. In addition, a divorce application can now be submitted by both spouses in a joint application for divorce.
The new divorce law further reduces the opportunity for acrimony between the parties by abolishing the ability of a respondent to defend a divorce. The most recent guidance received also makes it clear that costs orders within divorce proceedings will now only be made in exceptional circumstances.
The new divorce law includes a mandatory cooling off period of 20 weeks before a conditional order of divorce (what used to be a “decree nisi”) can be granted and a further 6-week period before a conditional order can be made final and the final order of divorce (the old “decree absolute”) issued. Within these weeks parties are encouraged to resolve financial matters following the breakdown of their marriage and submit an agreed order to court in respect of the same. Without a separate order made by the court in respect of financial matters, a separated couple’s financial claims against each other remain open indefinitely and the court has power to refuse to grant the final order of divorce. As yet it is not known how the court will exercise this power.
Due to the mandatory cooling off period, we estimate that most divorces (where parties are able to agree financial matters without protracted negotiations or court proceedings) will take approximately 6-9 months to complete from the date an application for divorce is issued.
This change to the law has been long awaited by legal practitioners throughout the jurisdiction and is welcomed by the family team at Bower Bailey. It is hoped that this will reduce the opportunity for animosity between separating spouses and bring the divorce law in England and Wales into the 21st century.
If you require further advice or you would like to commence divorce proceedings, please contact one of our experienced family lawyers at any of our 4 offices.
