From 6th April 2022 with no-fault divorce, the ONLY ground for divorce is that the marriage has “irretrievably broken down”.
This means the law no longer requires blame to be apportioned and to fit your particular circumstances into one of the 5 facts that you previously had to prove i.e. no need to cite behaviour or adultery or a wait for the minimum 2 year separation period.
In addition, further crucial changes are:
- The respondent to the divorce is now unable to contest the divorce (the limited grounds to challenge a divorce relate to jurisdictional grounds or validity of marriage);
- If you and the other party both agree the marriage has broken down irretrievably then a joint application for divorce can now be made. This was never previously the case and hopefully will pave the way for more amicable resolutions for parties both in relation to the divorce itself and then other issues that need to be resolved such as children or financial matters.
- Changing the legal language around divorce to simplify and make more accessible to those outside the legal progression.
HOW WILL IT WORK
Either you or your spouse, or you together jointly, can apply for a divorce based on “no fault”. The Court one line portal is used and most communications with the court are on-line. The Court will approve the divorce and grant a Conditional Order but this will take a minimum of 26 weeks from the date the divorce petition is issued. The Final Order can then be applied for six weeks and one day from the date of the Conditional Order although it may be best to wait until financial matters are resolved and a Financial Court Order is made before applying for the Final Order.
WILL NO-FAULT DIVORCE IMPACT THE FINANCIAL SETTLEMENT?
Even on the previous divorce laws the fact of the divorce rarely had any impact on a financial settlement and this has not changed with the new law. Financial matters are dealt with in accordance with the Matrimonial Causes Act 1973.
It is important to understand that the divorce itself does not resolve the financial claims that each of you have against each other.
These financial claims must be dealt with and a financial Order obtained (most usually by consent) so that it is legally binding. You should not simply divorce without resolving financial claims, even if you feel you have no assets or matters are fully agreed between you, and it is imperative that you take legal advice on this aspect before any divorce is concluded.
WILL NO-FAULT DIVORCE IMPACT WHAT HAPPENS TO THE CHILDREN ON SEPARATION?
This new law has no impact on how children matters are resolved. On separation, it is for the parents to come to an agreement about what is best for their children, and if they disagree, then legal advice should be taken as to the appropriate options available.
For more information on no-fault divorce, please contact us.