Divorcing - As From 6th April 2022
The process for getting a divorce is changing in England and Wales from 6th April 2022, when the much-anticipated Divorce, Dissolution and Separation Act 2020 will be coming into force.
The new legislation paves the way for fundamental changes to the process of divorce and changes the legal requirements on which you can obtain a divorce. The aim of the changes is to reduce the level of conflict amongst divorcing couples and promote an amicable divorce with dignity to both parties.
Under existing laws, there is only one ground for divorce, being that the marriage has irretrievably broken down. In order to prove that a marriage has irretrievably broken down, a spouse would have had to rely on one of the following facts:
That the other spouse had committed adultery
That the other person has behaved unreasonably
Desertion by the other person for 2 years or more
That you have lived separately and apart for 2 years, and both spouses consent to the divorce
That you have lived separately and apart for 5 years, and the other spouse’s consent is not required.
This will be replaced by a requirement to provide a statement of irretrievable breakdown.
What is new?
For the first time, divorcing couples will be able to:
Divorce on the grounds of ‘no fault,’ thus removing the requirement for a spouse to make allegations about the conduct of the other spouse.
Allow for joint applications for couples to end their marriage jointly.
At present, whilst rare, it is possible to defend divorce proceedings. This option will be removed under the new act, except in very limited circumstances such as a jurisdiction issue.
Some of the language that has traditionally been used in divorce law is changing, in order to bring the process up to date. For example:
‘Divorce Petition’ is changing to ‘Divorce Application.’
‘Petitioner’ is changing to ‘Applicant.’
‘Decree Nisi’ is changing to ‘Conditional Order’
‘Decree Absolute’ is changing to ‘Final Order.’
The Divorce, Dissolution and Separation Act 2020 also introduces a minimum period of 20 weeks between the start of proceedings and the application for conditional order. This is in order to provide couples with a period of reflection before the divorce is finalised. The time period between the granting of a conditional order and final order will remain at 6 weeks and 1 day, which is the same as the current legislation.
Divorce now OR wait for 6th April and a no-fault divorce?
This is a decision that only you can make, taking into account the personal and financial implications of waiting for the new laws to come in. However, if you wish to divorce and wish to declare fault, then you need to submit your application for divorce either online or via paper no later than 31st March 2022.
For further information, please get in touch with RJS Family Law.