A long time coming – the no fault divorce that was previously due to take effect in autumn 2021 but will now take effect from 6th April 2022.
Currently, in order to start divorce proceedings, one spouse has to prove that the marriage has irretrievably broken down. Unless the parties have been separated for a minimum period of two years or have lived apart for five years, one spouse has to prove that it has broken down as a result of the other’s unreasonable behaviour, adultery or desertion.
The new law will enable either one spouse or both jointly to apply for a divorce on the basis that the marriage has simply irretrievably broken down and will also stop one spouse being able to contest the divorce if the other spouse wants one, bringing an end to defended divorces.
It also replaces the terms “decree nisi” and “decree absolute” with “conditional order” and “final order”.
Whilst the new process should be a lot easier, it is still not a “quickie divorce”. Under the new rules, there must also be a minimum period of six months between lodging the petition and the final order. This will allow a period of reflection and the chance to turn back.
It is anticipated the change will remove the current animosity from the process. Justice Secretary Robert Buckland said that the bill will make separation “less traumatic…where divorce is inevitable, this bill seeks to make the legal process less painful.”
The change will help to avoid cases like Tini Owens who was refused a divorce by the courts after it was contested by her husband.
We welcome these changes and hope that they will make the process a lot easier and less costly.
If you would like to know more, please do not hesitate to contact a member of our family team for further advice.
