25 November 2022
Statistics released by the Ministry of Justice show divorce applications from April-June 2022 at a ten-year high. They are up 22% from the same quarter in 2021.
So, why were so many couples holding out to file for divorce until after 6 April?
What is no-fault divorce?
No-fault divorce allows couples to divorce without the need to attribute blame to any one party. This makes the process less acrimonious and enables people to focus on other practical and emotional aspects of their separation. It should reduce conflict for children.
How does no-fault divorce make the process easier for separating couples?
The Divorce, Dissolution and Separation Act 2020 brought in several long-awaited changes that make it easier for couples to end their marriage or civil partnership. It might explain the recent spike in divorce applications since the new rules came into force.
Grounds for divorce
Previously, divorcing couples had to show that their marriage had irretrievably broken down by establishing one of the ‘five grounds’ of divorce. These were adultery, unreasonable behaviour, desertion, living apart for at least two years with consent and living apart for at least five years without consent.
As the concept of fault has been removed through the reforms, the only requirement is to confirm that the marriage has irretrievably broken down and couples no longer have to cite one of the five grounds for divorce.
A divorce can no longer be contested
Under the old rules, one party could contest the divorce if they did not agree with the grounds. This could either delay or potentially prevent the divorce from being successful. This would force one party to stay married to the other against their wishes.
One of the most significant changes is that the divorce petition can no longer be contested, except for a dispute as to the jurisdiction, a dispute as to whether the marriage is valid or the marriage has already legally ended.
Joint applications
Under the new system, it is no longer required that one single party initiate divorce proceedings. A joint application can now be made by a couple.
Updated terminology in the divorce process
The terms and wording used previously during the divorce process have now been modernised. The divorce petition is now a divorce application. The person applying for the divorce is now called the applicant rather than the petitioner. The decree nisi is now a conditional order, and the decree absolute is called the final order.
Timescale of the divorce process
There is a new 20 week period from when the Court issues the divorce application until the Applicant can apply for a Conditional Order which used to be the Decree Nisi. This is to allow for a period of reflection and allow couples to resolve other issues such as child or financial arrangements.
The importance of legal advice
Despite these new reforms arguably making the divorce process easier, it is still very important to obtain professional legal advice from a family law solicitor to ensure things such as financial matters are dealt with properly at the time of divorce.
Should you require any further information please contact Nicola Bennetts on 01202 294411, or Nicola.Bennetts@absolicitors.com for a fixed fee appointment.
This is not legal advice; it is intended to provide information of general interest about current legal issues.
