New Divorce Law UK
Historically, the eligibility of a couple to divorce was based primarily on one party being at fault. This often led to unnecessary conflict and exacerbated the stress placed on divorcing couples and their families at what was already an emotionally challenging time. In April 2022, for the first time in 50 years, UK divorce law underwent significant reform when the new divorce law, ‘No Fault divorce’ came into force.
This landmark change was introduced under the Divorce, Dissolution and Separation Act 2020, and means that couples are now able to divorce, without apportioning blame to one partner. The UK’s new divorce law also applies to the dissolution of civil partnerships.
For immediate assistance, please call us now on 01572 490 660 or complete a Free Online Enquiry.
James Belderbos represented me through a divorce. He was easy to talk to and explained anything I didn’t understand in simple terms. Divorces can be very stressful and personal, but I always felt comfortable talking to James. I highly recommend him because without his knowledge I wouldn’t be where I am today. Ms L Quorn Leicestershire
What Is The New Divorce Law In The UK?
Prior to the changes, a petitioning spouse had to apply for a divorce on one of five prescribed legal grounds. The grounds included adultery, unreasonable behaviour and desertion.
Now, under the UK’s new no fault divorce law, these old grounds have been replaced with the couple, or one partner, being able to cite the ‘irretrievable breakdown’ of their marriage. No blame is apportioned, and whilst one of the old grounds may still apply, it will not be noted as the reason for the divorce.
What Is The Procedure Under The New Divorce Law In The UK?
- Filing For Divorce
As was the case under the old divorce regime, either partner can apply for a divorce. However, for the first time ever, the UK’s new divorce law allows couples to make a joint application. The application must contain a statement that the marriage has irretrievably broken down, but no evidence of wrongdoing needs to be provided. A couple, or one partner, can file for divorce once they have been married for at least 12 months.
- Responding To A Divorce Application
If your spouse has filed for divorce, a copy of their application will be sent to you, and you will have 14 days to acknowledge receipt. Unlike the position under the old divorce laws, the new divorce law in the UK only allows a respondent to dispute the divorce in very limited circumstances, such as if they do not accept that the English Courts have jurisdiction over the divorce proceedings. This change minimises the opportunity for disgruntled spouses to raise vexatious disputes aimed at stifling the divorce procedure.
- 20 Week Cooling Off Period
The new divorce laws in the UK introduced a ‘cooling off’ period of 20 weeks following the divorce application. This time period is intended to allow couples the opportunity to reflect on their relationship and consider whether a reconciliation might be possible. If a couple decides that separation is the only viable option, they can use the time to reach a mutually acceptable resolution of pertinent issues such as their children’s future living arrangements and financial settlements.
- Conditional Order
When the 20 week cooling off period has ended, you can apply to the Court for a ‘Conditional Order’. This Order does not end your marriage but simply confirms the Court’s acceptance that you are eligible for a divorce.
- Final Order
The Final Order legally ends your marriage or civil partnership. You must wait for at least 6 weeks from when the Conditional Order was granted before you apply for a Final Order.
How We Can Help
Despite the positive changes brought about by the new divorce law in the UK, bringing a legal end to your relationship is still a big step and should not be taken lightly.
If you are contemplating divorce or the dissolution of your civil partnership, it can sometimes help to have an initial chat with a family law solicitor to assess your options and understand your position.
We have a wealth of experience in helping families facing a divorce or dissolution. We will take the time to get to know you and your family and identify the issues of importance to you.
Where appropriate, we will signpost you to support services that may be able to help you and your partner work through your issues or lessen the impact of your separation on you and your children. If a legal separation is the right course of action for you as a family, we will always choose the least adversarial means of settling the issues suitable in the circumstances.
We view litigation as very much a last resort and instead utilise proven dispute resolution methods such as the Collaborative Family Law Process and Mediation.
These methods are quicker and cheaper than Court proceedings and can produce excellent results. Importantly, they put far less strain on all parties, including the children. We always strive to minimise the emotional and financial consequences of your separation and will be by your side every step of the way, whatever course of action you take.
If you would like to find out more about divorce, please call Belderbos Solicitors on 01572 490 660 or complete a Free Online Enquiry for a free initial discussion. We are specialist family solicitors here to help you.
James has been acting for my sister with her divorce. I was present at the first meeting and was impressed and pleased with the way he got her to open up and talk to him in a way that I have seldom seen her do. James has been very firm and honest with my sister throughout the process, guiding her to make difficult decisions, and acting in an empathic and professional manner at all times. I would be very happy to recommend James to anyone going through a similar situation. Mr P, Leicestershire