The landmark Divorce, Dissolution and Separation Act 2020 became law on 6 April 2022.
The most significant change this brings is that instead of having to say why their marriage is over, a couple is now able to jointly (if they agree) or individually cite “irretrievable breakdown” as the sole ground for wanting a divorce without having to produce examples of bad behaviour. So the new law has effectively removed the blame element, better reflecting modern day attitudes and minimizing potential conflict.
No fault divorce is still a two stage, two order process but there’s a new minimum “cooling off” period of 20 weeks from the start of proceedings to the date when the court can make a ‘Conditional Order’, and 6 weeks after that, the court can conclude the divorce by making a ‘Final Order’. So from start to finish, the divorce process now takes a minimum of 26 weeks or 6 months.
It’s also no longer possible to “defend” the divorce, although it is still possible to dispute the divorce on limited (mostly procedural) grounds.
The process is a simple one:
Despite the landmark change to English and Welsh divorce law, there is no change in the law in respect of financial provision and children arrangements.
If you have any questions about our divorce petition service or any other legal issues arising on divorce or separation, please do get in touch as we are always happy to help. You can call us on 0203 488 4475 or email contact@thedivorcesurgery.co.