Divorce law changes – joint applications and end to the blame game
After 6th April, separating couples will be able to apply for a ‘no fault divorce’. This means that there will no longer be an option to make allegations about the behaviour of a spouse during the divorce process. The hope is that this will make divorces less acrimonious and adversarial, where spouses feel pitted against each other.
The other big change is that marriages can be ended jointly, without the need for one party to petition the other.
Under current divorce law, one person must initiate proceedings by filing for divorce. In order to prove that the marriage has broken down irretrievably, they must also allege and prove fault on behalf of their ex-partner on the grounds of unreasonable behaviour, adultery or desertion. This is unless the couple have been living separately for a certain amount of time.
When the law is changed, couples can file a joint application for divorce. Instead of the requirement to choose one of five reasons, they can now simply provide a legal statement to say that the marriage has broken down irretrievably. Divorces can no longer be contested, except on limited grounds.
It is also important to note, that a divorce does not have to be done jointly. For instance, a man or woman in a marriage suffering domestic abuse can end the marriage without the consent or agreement of the other.
Minimum 20-week cooling off period and jargon-free language
Another update to UK divorce laws relates to how long the process takes. The new law states that there has to be a minimum 20-week period between the initial application and the conditional order. There will also be a six-week gap in between the conditional order and the final order. This will mean a longer divorce for most couples, and it could stretch out for six months or longer. But according to the government:
“This provides couples with a meaningful period of reflection and the chance to reconsider. Where divorce is inevitable, it enables couples to cooperate and plan for the future.”
Anyone familiar with divorce terminology will also spot a change in language.
‘Conditional order’ is new, it was formerly ‘decree nisi’. Similarly, ‘decree absolute’ is being changed to ‘final order’. The law aims to simplify the language used in divorce cases, to eliminate the jargon and make sure language is in plain English.
Online divorce service to be updated
The current online divorce service will be unavailable from 31st March 2022, while a new online service is launched. If you’ve already started a divorce application, you’ll need to submit it by 4pm on this date. Or you can wait until the new digital service goes live.
Need help getting to grips with the new divorce laws? Liverpool divorce solicitor Tracey Miller Family Law are on your side.
We’ll give you straightforward, practical legal advice you can trust, whether it’s sorting out financial issues or making arrangements for children. Our aim is to find the best solution for the whole family, with as little stress or delay as possible. Get in touch for a free, no-obligation consultation.