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On 6 April 2022, the Divorce, Dissolution and Separation Act 2020 came into effect which ended the requirement to prove that one of the parties was at fault in order to get divorced. The principle behind this legislative change was to simplify the divorce process, minimise conflict between parties, and make divorce seem much less overwhelming. There are many positives to no-fault divorce, but it does involve some practical changes. In this article, we look at what you can expect going through the new no-fault divorce process. 

There is no need to prove one of the five grounds for divorce or that the marriage has broken down irretrievably

If you have been carrying out research into divorce online, you may have found that it is possible to defend a divorce if a spouse does not agree there has been an irretrievable breakdown of the marriage - this is no longer the case. Under the new law, if one party to a divorce states the marriage has irretrievably broken down, it is not essential to prove this with a supporting ground (such as adultery, unreasonable behaviour, or years of separation), and the statement alone is considered conclusive evidence. 

There are now very few grounds for defending a divorce 

Without the need to evidence one of five grounds, there are now very limited circumstances under which a divorce may be defended. These are as follows: 

  • on the grounds that the court has jurisdiction or a jurisdiction dispute
  • if the validity of the marriage is in dispute
  • if the marriage has already been legally ended, for example, where there has been a divorce abroad 
  • there has been an irretrievable breakdown

The terminology has changed 

In a bid to modernise the process and make the system much more user-friendly, some of the terminology used throughout the divorce process has changed. The Latin terms used - such as ‘decree nisi’ - are now gone and have been replaced with more descriptive, modern terms: 

  • Divorce petition - now divorce application 
  • Decree nisi - now conditional order 
  • Decree absolute - now final order 

Mandatory waiting period may increase wait times

Under the new rules, there is a compulsory 20-week waiting period beginning on the date that the application is issued by the court. Parties must wait for 20 weeks before it is possible to apply for a conditional order. There is then an additional six-week waiting period between the conditional order and the final order. 

While no-fault divorce may make the process simpler, there is still at least a 26-week timescale. If you take into account court processing time, the divorce process is likely to take at least seven or eight months. 

It is possible to make a joint application for divorce

In the spirit of making the divorce process less adversarial, if a couple decides they wish to divorce, they may now bring a joint application. Under a joint divorce application, both parties will be classified as applicants. The process will be much more streamlined as there is no longer any need to serve the application for divorce on the respondent. 

Online divorce portal now compulsory

For divorces where all parties are being represented by their own solicitor, it is mandatory that the parties use the court’s online divorce portal. If parties have chosen to represent themselves (known as litigants in person), they may file an application if they wish or use the online divorce portal if they would prefer to do so. 

Default form of service is now by email 

Serving a divorce application by email is now the default form of service. Although the initial notice is by email, this will be followed up with a postal notice. 

New deadline for service 

There have also been rules introduced that require that divorce applications must be served on the other party within 28 days of being issued by the court. There was previously no deadline for service of divorce petitions, which allowed parties to begin divorce proceedings and only serve them when they felt it was suitable. 

Contact our Divorce Lawyers in Central London today

At Lewis Nedas Law, we have extensive experience in divorce proceedings and can represent you throughout the entire process. We strive to find practical solutions that minimise stress and allow you to move forward. Our divorce team will discuss the options available to you and advise you on the best approach for your circumstances, taking into account issues surrounding children and the division of finances. Contact us today by calling 020 7387 2032 or complete our online enquiry form.

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