From 6 April 2022 separating couples are able to get divorced or dissolve their civil partnership without having to blame each other for the breakdown of the relationship.
Various long-awaited changes to divorce law are came into action in Spring 2022. The changes have helped to make divorce more amicable, less stressful and also easier to understand for those going through the process.
Our specialist Family and Divorce Solicitors at Lamb Brooks share all you need to know about the new legislation and changes if you are considering divorce in the near future.
Changes to Divorce Law
Divorce laws have remained unchanged since the early 70’s. Family structures and trends have moved on significantly in the last 50 years and these new changes will help reflect that.
- Couples can make a joint application for divorce
- There will be a cooling off period of 20 weeks
- No blame needs to be stated
- Removal of contesting a divorce
- Updated terminology
Taking a look at each of these changes in more detail and how they will affect separating couples…
Joint Divorce Applications
Under old rules, one person applied for the divorce and the other party was the respondent. This can instantly cause a misbalance in the divorce proceedings and can feel like one person is in the driving seat. A joint application makes more sense for couples who are in agreement to divorce, are on reasonable terms or have been separated for a long time. A joint application can give a sense of control to both parties and not feel like one person is divorcing the other.
Cooling Off Period
There is now a minimum period of 20 weeks from the start of divorce proceedings to when the conditional order (what used to be known as Decree Nisi) can be applied for. During this time, many couples have various other matters to tie up and make agreements on. For some, this could make the process slightly longer.
No Blame Game
Under the old regime, a divorce could only be granted if one of five criteria were met. These included unreasonable behaviour, adultery, desertion for 2 years, separation for 2 years with consent or separation for 5 years if one party disagrees. Under the new rules ‘irretrievable breakdown’ can be stated, which does not point the finger of blame to any one party. This can help to make divorce less stressful for those having to produce reasons, stir up past issues or relive stressful periods of their relationship. It is also more palatable for the person who would be on the receiving end of the accusations of blame. This method is better suited for couples who have grown apart or fallen out of love and are in agreement to the divorce, which is one of the most common reasons for divorce. It also helps those who are separating with children to remain more amicable.
Contesting Divorce
It is no longer possible to contest a divorce save for very exceptional circumstances. This will help people to be able to separate when one party does not agree to the divorce and stops people from being trapped in unhappy marriages waiting for the 5-year separation rule. There is still the cooling off period before an order can be made to iron out the details of the divorce and allow some thinking time.
Updated Terminology
The use of Latin phrases and some out-dated terminology can make navigating paperwork and discussions with your solicitor confusing and unnecessarily stressful. The language is being modernised under the reforms.
- ‘Petitioner’ (the person making the application for the divorce) becomes ‘Applicant’
- ‘Divorce Petition’ becomes ‘Application’
- ‘Decree Nisi’ (a document provisionally agreeing the divorce by the court) becomes ‘Conditional Order’
- ‘Decree Absolute’ (legal document ending the marriage) becomes ‘Divorce Order’
Thinking About Divorce?
If you are considering divorce or have been waiting for the reformed divorce laws to become available and are now ready to talk to someone, please do not hesitate to get in touch.
Whether you are just looking for some initial information or are ready to proceed, you can speak to one of our friendly and understanding Family Solicitors today. Call us on 01256 844888, email enquiries@lambbrooks.com or speak to our online chat assistant who can put you in touch with the best person to help you.
We hope to provide you with some reassurance and guidance through what can be a difficult time, but with the introduction of the new rules, hopefully in a more amicable manner.
The contents of this article are for the purposes of general awareness only. They do not purport to constitute legal or professional advice. The law may have changed since this article was published. Readers should not act on the basis of the information included and should take appropriate professional advice upon their own particular circumstances.