With widespread support from mediators, legal professionals and judges alike, divorce law changes today (6 April 2022) and divorce and dissolution of civil partnership becomes simpler, and in some cases, quicker.
From today you will no longer need to place blame on your partner to apply for a divorce or dissolution – even if you haven’t been married or in a civil partnership for two years.
Recognising the fact that some couples just drift apart and want to separate without blaming each other, the new law means that couples no longer have to prove one of five facts (adultery, unreasonable behaviour, two-year separation with consent, five-year separation without consent or desertion) to get a divorce or dissolution and can simply state that their marriage or civil partnership has irretrievably broken down.
Previously, the shortest time in which someone could apply for a divorce or dissolution without blaming the other person was two years, as long as the other person did not dispute the divorce or civil partnership. If the other person disputed the divorce or civil partnership, the spouse or civil partner had to wait five years before they could apply for a divorce/dissolution. Now, as long as the couple has been married or in a civil partnership for at least one year, they can apply for a divorce. Other changes to divorce/dissolution law include:
- A divorce/dissolution application can no longer be disputed, unless it is on the basis of legal validity, jurisdiction, fraud, coercion or procedure.
- One spouse or civil partner can apply for a divorce/dissolution, or both can apply jointly, specifying who will pay the application fee.
- Language has changed and been simplified, for example:
- Divorce petition has become the divorce application
- Petitioner has become applicant:
- Sole applicant (the person who applies for the divorce)- where only one party applies for the divorce/dissolution.
- Applicant 1 and applicant 2 – where both parties apply for the divorce/dissolution.
- Respondent remains the same – the spouse or civil partner of the sole applicant.
- Decree nisi becomes conditional order – this can be obtained a minimum of 20 weeks from the court issuing the divorce application. It will state that there is no reason that you cannot get a divorce/dissolution and give the date on which you can apply for the final order.
- Decree absolute becomes final order – this can be obtained at least six weeks from the date of the conditional order, and is the date the marriage/civil partnership formally ends.
- Defend – becomes dispute.
Juliette Dalrymple, director and family mediator at Family Matters, says:
“Mediators have long been supportive of no-fault divorce as it can reduce the risk of conflict and, as such, has to be better for families as a whole. When parents don’t need to blame each other, future arrangements for their children can be easier and more amicable. It is fairer, as those who want to divorce amicably don’t have to allocate blame to be able to get a divorce or dissolve a civil partnership if they don’t want to wait two years, and where one person wants to dig in their heels to avoid the divorce/dissolution, they will no longer be able to as they cannot dispute a divorce application. Getting a divorce or dissolution in around six months will allow people to get on with their future lives more quickly.”
Financial issues are not covered by the new law. They will continue to be dealt with separately to the divorce or dissolution and can be sorted quickly and in an agreeable way by using mediation.
