Following years of campaigning by the likes of Resolution*, new no-fault legislation is being brought in, which will change the face of divorce in England and Wales.
Current divorce process
If you are familiar with the current divorce process then you will be aware that there is only one ground for divorce in England and Wales, namely, that there has been an irretrievable breakdown in the marriage or civil partnership.
The current system requires the person starting the divorce to rely on one of the following five facts:
- Adultery (for divorce only, not civil partnerships)
- Behaviour
- Desertion
- Separated for two years (with consent of both spouses/partners)
- Separated for five years
In practice, we find that many of our clients are understandably reluctant to delay initiating divorce proceedings, meaning that adultery or unreasonable behaviour are often the only facts that can be relied upon. This requires the person starting the divorce proceedings to blame their spouse or civil partner for the irretrievable breakdown of the marriage or civil partnership, and they are required to provide details of the allegation to the court. This can often escalate tensions between spouses and civil partners, negatively impacting on arrangements for any children as well as finances.
What are the changes being brought in?
In the future spouses or civil partners will apply for a divorce order by submitting a statement of irretrievable breakdown, without any allegations of fault (i.e. removing the need to place blame). This can be submitted by one or both spouses or civil partners.
The new process will be modern and simple, involving two key stages: (1) Applying for a conditional order of divorce and (2) Applying for a Final Order of divorce.
Under the new legislation, you must wait 20 weeks from submitting your divorce application at court before applying for a conditional order. The conditional order can then be made ‘final’ six weeks after the conditional order has been made.
It is anticipated that the new no-fault divorce legislation will take effect from 6 April 2022.
If you would like to know more about no-fault divorce, please get in touch with a member of our Family Team.
*Resolution is a network of family lawyers and other professionals committed to promoting a constructive, non-confrontational approach to family law matters.
