No Fault Divorce – UPDATE

UPDATE: No-fault divorce is fast approaching

From 6^th April 2022, The Divorce, Dissolution and Separation Act will come into force and allow couples to divorce without apportioning the “blame game”.

Current law

There is only one ground for divorce. It must be proven that a marriage has broken down irretrievably. The current legal process for divorce encourages one individual to place blame on the other to avoid waiting for at least two years to divorce.

How will the new law help me?

The fault-based facts will be replaced with a statement simply evidencing that the marriage has broken down irretrievably, removing the need to provide evidence of conduct or separation dates. The other party will no longer be able to contest the divorce, as the statement will satisfy the criteria. There will also be a new ‘joint application’, allowing couples to apply for a divorce together when the decision to apply for a divorce is a mutual one.

The new law will not speed up the process, as a minimum overall timeframe of 6 months has been introduced.

The previous outdated terminology will be replaced with wording which can be understood by individuals who have no legal knowledge.

The two-stage process will remain, with the first stage being known as a ‘Conditional Order’ and the second being known as a ‘Final Order’

There will be 20 weeks from when the Court first issues the application to when the application can be progressed to a Conditional Order. There is currently no minimum timeframe for this.

The purpose of the 20 week timeframe is to allow couples to make practical arrangements for the future and not to rush into a divorce. There must then be a period of a minimum of 6 weeks between the Conditional Order being made final.

KEY DATES:

• All online and paper applications must be submitted by 4:00pm on 31^st March 2022
• Urgent applications must be received by the Court by 4:00pm on 5^th April 2022
• The new paper and online services will be available from 6^th April 2022.

Although we hope that the new law on divorce will help simplify the process, it is always recommended that independent legal advice is sought from the outset.

The decision to apply for a divorce now or wait until the new law comes into force will depend on your individual circumstances.

However, unless there is an emergency situation, we suggest waiting until after 6^th April 2022 to apply for a divorce under the new law.

Please contact our office to make an appointment to discuss your options further – our telephone number is 0191 4555361 or email info@hannayslaw.co.uk.