No-fault Divorce
In April 2022, the UK bought about reforms in divorce proceedings in family law with the no-fault divorce. The intention was that the new law should encourage a more simple and less contentious divorce process, reducing both the financial and emotional stress on families. Potentially leading to a smoother resolution of matrimonial finances and any children involved.
The process and time scales
Before the reform, if a party wanted to issue a divorce petition, they were required to issue the petition on one of the following grounds: adultery, desertion, unreasonable behaviour, 2 years separation with consent or 5 years separation without consent.
The new no-fault divorce process allows couples to issue a divorce application so long as the marriage has broken down irretrievably. A divorce application can now also be issued as a sole or joint application by the parties.
The obvious intention with a joint application, where both parties agree to issue the divorce application, is to promote a collaborative approach to divorce. Sole applications are also more straightforward, where one party can make the application without assigning fault.
The new divorce laws have also introduced a mandatory waiting period to allow couples to reflect on their decision. There is a minimum waiting period of 20 weeks, from filing the divorce petition, until the conditional order (which was previously known as the “decree nisi”) can be granted.
This period is intended to provide spouses time to deliberate on whether a divorce is their final goal. After the conditional order is in place, an additional six weeks must pass before the final order (which was previously known as “decree absolute”) can be applied for.
Perhaps the most important development of the new divorce law process is that instructing a solicitor is not mandatory. However, instructing a solicitor remains highly advisable as matters can become complex swiftly. Solicitors also provide essential advice and guidance on complex issues arising from the separation of matrimonial assets that arise from divorce proceedings.
Mariam Cassamoali is a Family Law Solicitor at ITN Solicitors based in our London office. To discuss your situation please contact us at 020 3909 8100 or at enquiries@itnsolicitors.com