Since 6 April 2022, couples that want to get a divorce, judicial separation or civil partnership dissolution in the UK have been able to do so without needing to blame each other. The new law that allows for no-fault divorces has been the first change to divorce law since 1973.
Under the previous divorce law in the UK, couples looking to separate had to use one of five reasons to prove the irretrievable breakdown of the marriage or civil partnership. The new UK divorce law reforms aim to end the blame game in separations and to trust the judgement of those involved. This change to family law has been described as the biggest shake-up to divorce law in 50 years and is likely to improve the experience for most separating couples by removing responsibility for the breakdown of their marriage.
5 Key Changes in the Divorce, Dissolution and Separation Act
1. No Blame Game
Unsurprisingly, the most significant change and most important element of the no-fault divorce bill is that divorce proceedings no longer require fault or blame. Under the new laws, if a couple decides to separate, they can do so solely on the grounds that the marriage has broken down.
2. Changes to Divorce Terminology
With the change of the divorce system to no-fault, there was a need to update terminology. When a person applied for a divorce previously, they were called the petitioner. With the new divorce law, the person applying will be called the applicant instead.
Alongside this change, the new laws will update the following terms:
- Decree nisi — In the previous divorce process, a court would issue a decree nisi which confirms the court is satisfied the person meets the legal and procedural requirements for a divorce. The decree nisi is called a conditional order under the new system.
- Decree absolute — After six weeks and one day, the applicant can apply for a final decree that finalises the divorce. This will be called the final order under the new no-fault system.
3. Joint Applications
The previous system for divorce relied on one spouse petitioning for a divorce against the other party. Under the new system, With the new system, couples who decide to divorce can choose to make a joint application for divorce. It’s believed that allowing couples to separate together without the need for blame will allow for a more amicable separation. This should help speed up divorce and court proceedings and help couples reach financial settlements. It’s also hoped that it will help couples create practical arrangements if children are involved.
4. 20 Week Minimum Period
Another significant change in the divorce process is the introduction of a minimum timeframe of 20 weeks between the application and conditional order. This change has been implemented to address concerns that no-fault divorces will make divorce easier and quicker and make couples less likely to try to save their marriage.
This mandatory period of reflection gives a couple the chance to consider their decision before choosing to divorce. There is also a six-week and one day period between issuing the conditional and final orders.
5. Contesting a Divorce Is No Longer Possible
Under the new system, it will no longer be possible to contest a divorce. This change means that applicants will not need to worry about their partner contesting the divorce, which previously resulted in lengthy court proceedings that were stressful and costly.
Get Expert Advice on Divorce and Separation
At KMJ Solicitors, our team of family lawyers is always available to provide informed advice in all areas of family law. Our divorce lawyers have experience in all forms of separation, from straightforward separations to complex divorce proceedings.
If you would like to discuss your current situation or find out more about no-fault divorces, get in touch with our divorce lawyers today by using our online contact form or giving us a call on 020 3709 6895.
