The no-fault divorce is considered the biggest change to divorce law in England and Wales in over 50 years. Below, we explain what this means for divorcing couples.
For some time, many legal professionals felt that previous divorce laws were out of touch with modern life. The old fault-based system was often considered to add unnecessary tension and acrimony for divorcing couples.
Under previous laws, you could only obtain a divorce by alleging fault, citing either adultery, unreasonable behaviour, or desertion. If you were unable to cite one of these, you could only get divorced after a period of separation: two years if both spouses agreed, or five years if one spouse refused.
However, these requirements no longer exist. Read more about when to hire divorce solicitors for a case.
The ‘No Fault’ Divorce Came Into Effect on 6 April 2022
The Divorce, Dissolution and Separation Act was passed in June 2020 to reform these laws, and officially came into effect on 6 April 2022.
This legislation reformed the divorce process by removing the concept of fault. This change was designed to reduce animosity between couples, allowing parties to separate more amicably and deal with financial and children matters in a more constructive manner.
What Are The Key Features Of ‘No Fault’ Divorce?
Below are the key features of “no fault” divorce:
- No Blame: Couples can now get divorced solely on the basis that the marriage has irretrievably broken down, without citing blame.
- Joint Applications: The system now gives couples the option to apply for a divorce jointly, which was not previously possible.
- No Contesting: You cannot contest a divorce simply because you do not want one or wish to delay it.
- Modern Language: The archaic language previously used has changed; the Decree Nisi is now the Conditional Order and the Decree Absolute is now the Final Order.
- Period of Reflection: There is now a minimum period of 20 weeks from the initial application to when a Conditional Order can be made. This provides parties with a period of reflection to consider their decision.
These changes also apply to the dissolution of civil partnerships. Learn more about the difference between divorce, dissolution and annulment.
How long does the divorce process now take?
While the divorce process is now online and designed to be less acrimonious, it generally takes around 6 ½ months to complete due to the mandatory reflection periods.
At Breakthrough Family Law we have an excellent track record of success in obtaining substantial financial settlements on divorce for our clients. If you are going through a separation and you would like to speak to an expert divorce solicitor about a financial settlement contact us.
Make An Enquiry
For further information, please contact our the family law team on 01494 776696 or email [email protected].
Breakthrough Solicitors has offices in Harrow, Milton Keynes & London.
We inspire trust and confidence in our clients by offering high-quality advice in a clear, straightforward and compassionate manner and working tirelessly to achieve the right result.
This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.