From Fault To No-Fault - The UK's New Divorce Process

Divorce law changed on 1 April 2022; these are the main changes.

No-fault divorce 

Defending a divorce because one party believes the marriage can be saved is no longer possible. The applicant’s statement of irretrievable breakdown is enough. They no longer need to rely on unreasonable behaviour, adultery, or two to five years of separation or desertion.

Modern language 

The language has been updated to be user-friendly and accessible. Petitions are now called applications; a decree nisi is now called a conditional order; and a decree absolute is now called a final order.

Defending a divorce 

A divorce can now only be disputed for three reasons:

1. England and Wales is not the correct jurisdiction; 
2. the legal validity of the marriage is disputed; 
3. the marriage has already been legally ended, for example, by a prior overseas divorce.

Timescale 

There is a mandatory 20-week waiting period from when the court issues the application. A conditional order can be requested if the respondent has replied to the court. The current six weeks waiting period between conditional order and final order still applies. The minimum time frame is 26 weeks, which is six months. With court delays, a divorce is likely to take at least seven or eight months. 

Joint applications 

Previously, only one spouse could initiate divorce proceedings, but now both spouses can jointly apply, indicating that they both agree the marriage has irretrievably broken down. Both spouses will be considered applicants in this streamlined process, eliminating the need to serve the petition on the other party. If one spouse changes their mind during the process, the other can still continue independently.

Converting applications 

One party can progress joint applications on a sole basis if the other no longer wants to proceed as a joint applicant. The party seeking to progress the divorce can apply for a conditional or final divorce order as a sole applicant, without needing to amend the original joint application.

Online process 

Everyone must use the court’s online divorce portal.

Serving the application

The divorce application must be sent to the respondent within 28 days of being issued by the court. Previously, there was no deadline for service. This resulted in some applicants, particularly if there was a jurisdiction dispute, starting divorce proceedings but then keeping the other party in the dark until they decided it was the right time to serve them.

Email service

Email is now the default way of contacting parties and serving documents. Some email communications, including serving the divorce application, are followed by a postal notice or proof that it was served on a solicitor.

Costs 

The divorce process is now cheaper because examples of unreasonable behaviour are not required. There is also no need to agree on the wording with the other party to reduce the risk of them defending the divorce. 

Although it remains possible for one party to ask the other to pay for the divorce, the process for seeking costs is now more complicated. It is generally anticipated that judges will be less likely to grant these orders. 

Tip Box

• The process is collaborative, so everyone is encouraged to work together.
• It is usually better if financial issues and arrangements for children are sorted out before the application for the final order is made.