What changes to the divorce law mean in practice
On the 6th April 2022, changes were made to divorce law. No-fault divorce was introduced and a much simpler, less contentious process was implemented. Couples can now obtain a divorce without outlining the unreasonable behaviour of the other. It now is a simple click of a few buttons and the divorce is started.
The previous ground for divorce of irretrievable breakdown of marriage had to be supported by either adultery, unreasonable behaviour, desertion, two years of separation with consent or five years of separation without consent. The update in divorce law provides a much less contentious approach to separation.
The arguments about who did what are now redundant. The cost can therefore be less. There is no toing and froing in solicitors correspondence dealing with allegations and counter allegations.
Further, there is now a 20 week cooling off period between the initial application (stage 1) being issued and the ability to apply for the second stage in the divorce, known as the Conditional Order (stage 2), previously known as the Decree Nisi. Although this is a long time, the parties are afforded the opportunity to reflect upon reconciliation. It also gives them time to resolve financial and children matters. Once the application for Conditional Order has been made, there is a further 6 week wait for the final stage of the divorce (Stage 3). You will then be granted the Final Order, previously known as the Decree Absolute. This finalises the divorce track.
Any questions in relation to divorce and more particularly in relation to children and finances, do not hesitate to give our family team a ring on 01492 874774.
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