The Government confirmed in April 2019 that divorce law in England and Wales would be changing, with the introduction of no-fault divorce. Originally, the government had planned to implement these changes in autumn 2021, however these plans were delayed, resulting in the new law coming into effect on April 6^th 2022.

The aim of the No-fault divorce is to help reduce conflict, allowing couples to focus on the important issues such as children, property and finances. New legislation will mean that couples will be able to get divorced without one person needing to lay blame on the other. These new rules apply to both marriages and civil partnerships.

Key Changes to the law

1. New laws mean that one party doesn’t need to take the blame –

Couples can now petition for divorce on the basis that the marriage has irretrievably broken down. You will no longer need to prove one of the five reasons, and all that is required is a simple statement of irretrievable breakdown.

2. New Language makes it easier for everyone –

The new law has updated the language used in divorce petitions to plain English, for example a ‘petition’ is now known as an ‘application’, ‘Decree Nisi’ is now known as a ‘conditional offer’ and a ‘Decree Absolute’ is now known as a ‘final order’.

3. Parties can now apply jointly –

Both spouses or partners can now apply together, compared to current laws of issuing a petition against the other. This is especially helpful in situations where parties have together, agreed on a divorce and want to avoid any further conflict. If further on in the application, conflict arises and you are struggling to agree, there is also an option to switch to a sole application.

4. No longer able to contest a divorce –

Under new laws, you will no longer be able to contest a divorce. Unless there are exceptional circumstances, for example contesting the divorce because the marriage or partnership never existed.

5. New Minimum 20 week period between application and application for final order –

This is to be known as the ‘cooling off’ period and can allow spouses and partners to consider if they are 100% certain they want a divorce, or if they want to try and save their marriage or civil partnership.

Key Dates before the new law comes into effect

If you still wish to proceed with the current divorce laws, all paper and digital applications should be received by the court no later than 31^st March at 16:00. If your application is received after this deadline, it will be returned to you and you will have to resubmit under the new divorce laws.

After the 31^st March at 16:00 no new applications will be accepted until 6^th April 10:00.

Should I wait for No-Fault Divorce?

There is no correct answer for this; however, we strongly recommend that people wishing to petition for divorce seek legal advice as soon as possible.

If you have any questions relating to no-fault divorce or require any related advice from our specialist solicitors then please contact us today where we can offer a free 30-minute consultation to discuss your matter.