4 Theatre St, Norwich NR2 1QY
01603 214 220
Divorce
The divorce law in England and Wales changed on 6th April 2022 with the introduction of no-fault divorce.
The new law encourages a more constructive approach to divorce with the removal of blame from the process whilst enabling separating spouses to focus on important child and financial arrangements from the very outset. The new law also applies to civil partnership dissolution and legal separation (judicial separation).
Under the old law the irretrievable breakdown of the marriage had to be evidenced by relying on one of five facts: adultery, unreasonable behaviour, two years’ separation and the other spouse agrees to a divorce, five years’ separation or desertion. Under the new law, there is no longer a requirement to cite one of these five facts and separating couples are now able to obtain a divorce simply by stating in the divorce application that the marriage has broken down irretrievably.
Here is a summary of the other main changes under the new law:
- An application for divorce is now made online.
- For the first time spouses can make a joint application for divorce as well as a sole application by one spouse.
- It is no longer possible to contest a divorce which will save time and costs for many couples. Under the new law a divorce can only be disputed on grounds of jurisdiction or the validity of the marriage.
- The divorce terminology has been updated so that the petitioner is now the applicant, the decree nisi is now the conditional order and the decree absolute is now the final order.
- The introduction of a new minimum period of 20 weeks from the start of the proceedings to when the conditional order can be made to give couples time for reflection.
- The divorce process will take a minimum of 26 weeks from start to finish.
Although the new divorce law makes the process of obtaining a divorce more straightforward, it does not automatically end financial ties with your spouse. It is therefore still important to seek early legal advice particularly if you have arrangements for children and finances to formalise, all of which our experienced team can assist with.
How we can help with your divorce
Our family solicitors can help support you through the divorce process whether they undertake the paperwork on your behalf or assist you to enable you to handle the process in person. They can support you to make that informed decision.
Telephone: 01603 214 220
Contact one of the team:
Amy Walpole
Partner – Head of the Family Department
Family Law Solicitor
Sophie Key
Senior Associate
Family Law Solicitor
Delivering thought-leading expertise and understanding from our expert solicitors and staff.
-
Costly Mistakes: The Price of Bypassing Mediation and Arbitration Options
On 8 and 29 April 2024 changes to the Family Procedure Rules are being implemented which will impact on anyone considering applying to the Family Court. Sophie Key, Solicitor in our Family Team, considers the changes and how they will impact clients.
-
Confidently Secure: Will my Pre-Nuptial Agreement be Upheld on Divorce?
Nuptial agreements are increasingly entered into by couples who wish to record their future financial settlement, setting out now how finances will be divided in the event of their divorce. In a time where second (or subsequent) marriages are common, many more people are coming to marriage with pre-acquired or inherited wealth which they wish…
