The new long-awaited no-fault divorce is being introduced on 6 April 2022. This eliminates the need for any of the parties to assign blame on one another for the breakdown of their marriage. Divorce proceedings can heighten emotions for the parties involved which, in turn, may increase tension when facing a lack of cooperation and willingness from an ex-partner in what is already a fragile situation.
This deadlock can leave couples facing little prospect of reconciliation and, in the absence of an amicable relation, this often sets the tone for their new relation post-separation. It’s hoped that no-fault divorces will allow couples to separate without creating acrimony, enabling them to focus on important issues, including children arrangements and financial matters.
Previously, couples would divorce based on the ground that their marriage had irretrievably broken down. One of the five factors below had to be cited in support of the irretrievable breakdown:
- 2 years separation and consent
- 5 years separation
- behaviour
- adultery
- desertion
The new law removes all five of these factors relied upon to pursue a divorce and introduces new user-friendly terminology to the process. The new two-part ‘Divorce Order’ consists of a ‘Conditional Order’ which replaces the Decree Nisi and a ‘Final Order’ in place of the Decree Absolute. The ‘Petitioner’ will now be known as the ‘Applicant’.
A Divorce Order can only be pursued on the ground that the marriage has irretrievably broken down. The possibility of contesting this and arguing that the marriage has not broken down has been removed. The only exception is when:
- the validity of the existence of the marriage is questioned
- the Court does not have jurisdiction to deal with the matter
- the Respondent has filed an application for a matrimonial/civil partnership order and the party’s application has not been dealt with and no order has been made
It’s important to note that a Respondent may not make an application for a matrimonial/civil partnership order for the same remedy in respect of the same matrimonial/civil partnership unless the first application made has been dismissed or decided, or the Court grants permission to do so. These restrictions are in place to prevent cross-applications.
What else is needed?
The application for a Divorce Order must be accompanied by a statement prepared by the Applicant to confirm the contents of the application are accurate. This replaces the previous requirement to provide supporting evidence. The new procedure allows both parties to make a joint application where they will be required to prepare a statement which will not be contested. They will then both receive a notice of proceedings which should be acknowledged within 14 days of receipt. There is a minimum 20-week cooling-off period from the start of the proceedings, including the Applicant’s application being issued by the Court to obtain a conditional order (previously Decree Nisi)
With the aim of modernising the system, it is mandatory for all applications to be completed by or on behalf of the Applicant via the online portal, MyHMCTS. The exception is civil partnership dissolution cases, judicial separation or nullity which should be filed at a Regional Divorce Centre. The Acknowledgment of Service can be filed online via the portal by the respondent. The portal will then send the parties notifications of any updates to their application.
What is the fee?
The all in fee payable to the Court increased a while back from £550 to £593, and remains the same under the new no-fault divorce law.
What is the process?
