The 21st century divorce

Today (6th April 2022) marks a critical turning point in history in the law world – the introduction of the No-Fault Divorce.

It’s been 165 years since the Matrimonial Causes Act was introduced, and this was the first time that proof had to be given for divorce. There have been slight changes along the way, but there always had to be evidence, particularly when stating adultery.

In 1969, a significant change was introduced when the Divorce Reform Act was passed. This allowed couples to divorce after being separated for two years (or five if only one party wished to divorce). In addition, this allowed an end to the marriage without having to prove fault.

Over 50 years on, and still nothing much has changed in the blame game arena. Some say it’s archaic and antiquated, so today’s introduction of the no-fault divorce might just have moved getting a divorce into the 21st century.

Read on for the low down on no-fault divorces and what it means:

What is the new process?

The new process will allow couples to get divorced without having to confirm the reason for the irretrievable breakdown.
The no-fault divorce will remove the requirement to provide proof for the breakdown and will introduce joint applications in addition to sole applications.

Contesting a divorce, dissolution, or separation will be removed under the reform and divorce terminology will be changed; for example, Decree Nisi will become a Conditional Order, Decree Absolute will become a Final Order, and the Petitioner will become the Applicant.

Will it be any quicker?

In short, no – although the process is changing, the timings will remain the same.

The process begins when you give notice that your marriage has broken down and you wish to divorce.

Twenty weeks after this date, you will be asked to confirm if your intentions remain the same. This period is used as a period of reflection. If the answer is yes, the court will make a Conditional Order, followed by a Final Order six weeks later.

Why is this change important?

Not only has the introduction of the Divorce, Dissolution and Separation Act 2020 brought about a modern approach to divorce, but we know that getting a divorce is a stressful time for couples. Not only are you coping with the breakdown of a relationship but having to prove an irretrievable breakdown of a marriage and having the other party accept these terms can lead to disagreements and the need for mediation.

That’s why we feel it is important to remove the fault from divorce and concentrate on the other areas that matter most, like financial settlement and child arrangements.

How do I find out more information?

We have a great deal of information on our website [hyperlink family law], and our team would be more than happy to chat with you if you feel that you could benefit from more information. Naturally, if you are about to embark on the divorce process, our experienced solicitors would be more than happy to assist you, so please get in touch (contact details are on the left of this page).