6 April 2022 ' Start Of 'No Fault Divorce'

• Published date: 28 March 2022
• Subject Matter: Family and Matrimonial, Family Law, Divorce
• Law Firm: Ellis Jones
• Author: Lauren Harley

The move to 'no fault' divorce has been the subject of campaigns for several years and is now set to arrive in practice on 6 April 2022. In 2020, citing 'unreasonable behaviour' as the reason for marital relationship breakdown was the most common type of petition before the Court in opposite sex and same-sex marriages. Moving the focus from dredging up the negative events of the past and the animosity which may have subsided following the initial marriage breakup is seen as a positive way forward for parties living through a relationship breakdown.

The event of online divorce has been a welcome, speedier process under the current divorce laws. Provided divorce petitions are not defended, clients have seen applications progress from issuing the petition to the first of the two decrees, Decree Nisi, in as little as 8 weeks. Then there is a mandatory wait of 6 weeks before the Petitioner can apply for the second, final decree in divorce - the Decree Absolute.

There are many situations where a joint application for divorce isn't feasible or appropriate, and the option for one person to apply to the Court for a divorce is not being removed under the new rules.

Guidance has just been circulated by the Ministry of Justice and the key changes have been confirmed as -

1. For the first time spouses can apply jointly to the Court for a divorce, dissolution of their civil partnership or judicial separation.
2. It is possible to ask the Court to switch from a joint application to a sole application if your situation necessitates this; however you have to wait for the conditional order stage (Decree Nisi equivalent ) to be reached.
   
   • A new 20-week (minimum) delay period between the start of the divorce proceedings (when the court issues the application) and when the applicant(s) may apply for a conditional order (replacing the Decree Nisi) is being introduced. This new delay does not apply to nullity or judicial separation proceedings.
3. The ability to contest the divorce itself is being removed. On a sole divorce application, the respondent can dispute the application on limited bases, i.e. the basis of jurisdiction (i.e whether the Court in England and/or Wales should have conduct of the proceedings); validity of the marriage or civil partnership; if they say the marriage has already been...