No Fault Divorce: Q&A

Published date17 September 2021
Subject MatterFamily and Matrimonial, Family Law, Divorce
Law FirmRussell-Cooke Solicitors
AuthorMs Emma Wager

Family law practitioners have been campaigning for the end of fault-based divorce for decades and we are delighted that this is, at last, going to be possible from April 2022. As this date draws closer, we are getting more and more questions from about the upcoming changes - here are some of the most frequent:

Q: What's the current system?

A: Spouses are currently unable to apply for a divorce without waiting for a period of separation of two years or more, unless they demonstrate to the court that one of them is to blame for the irretrievable breakdown of their marriage.

Having to state the other's adultery, or provide a list of 'unreasonable' behaviours of the other is undoubtedly an unpleasant start to the process of divorce. Of course, it's not always that simple and the breakdown of a marriage can be a result of many factors, not just one party's actions. In fact, we have many clients who ask if they can cite their own adultery or behaviour in order to get the divorce process started, but the current process means that even the most amicable of separating couples need to put together and agree on a list of one of their behaviours which caused the relationship breakdown.

It's also possible under the current system for spouses to defend the divorce or start their own divorce proceedings, which often leads to otherwise unnecessary court hearings, and significant costs and delays.

Q: What's changing?

A: Spouses in marriages and civil partnerships will be able to apply for a "Divorce Order".

  • spouses will be able to apply jointly for a divorce
  • the only requirement will be for one spouse, or both spouses to send a short statement to the court which will be treated as conclusive evidence of the irretrievable breakdown
  • it will still be possible for one spouse to apply for a divorce, though this may be on the same basis and they need not cite any reasons for the breakdown of the marriage

Q: How long will it take to divorce under the new rules?

A: The new process involves 4 steps:

  1. Application for divorce: by either or both spouses.
  2. Acknowledgement: The divorce application is issued and the other spouse (or both spouses if the application is made jointly) must acknowledge this within 14 days.
  3. Application for Conditional Order (previously known as the Decree Nisi): may be made after a period of 20 weeks.
  4. Application of Final Order (previously known as the Decree Absolute, which dissolves the marriage): may be made after six weeks and one day after the...

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