No fault divorce: One month on - how the new law has changed divorce in the UK forever

On 6th April 2022 the UK’s divorce laws underwent the biggest change since the 1970s. The previous divorce process required one of the parties to show that the marriage had ‘irretrievably broken down’ on the basis of one of five specified ‘grounds’ which included adultery, unreasonable behaviour, time spent living apart or desertion.

The old system has been replaced by one that aims to take the blame out of divorce. Now the parties provide a statement of irretrievable breakdown and obtain a ‘Divorce Order’. Neither party relies upon any of the 5 ‘grounds’ as they no longer exist within the process.

Divorcing parties can apply either by themselves or together, and if one party has applied, the other can no longer contest (seek to defend or stop) the divorce, save on questions of jurisdiction, i.e. questions over whether England and Wales is able to deal with the divorce at all.

How the new law has changed divorce

One major difference in the process is the time frame. Due to concerns that the no fault system could make it easier for people to divorce in haste and then regret their decision, there is now a 20 week wait from the date the divorce application is filed with the court. Once this period has passed, if the applying party still wants the divorce, they must confirm this when applying for a ‘Conditional Order’. If the parties have applied together, a joint applicant can proceed solely with the conditional order application, providing they have given the other joint applicant 14 days’ notice.

There will then be a further delay of at least 6 weeks between the Conditional Order being made and the application for a Final Order or Divorce Order being made. Where there are financial matters and / or matters relating to children, the parties will usually be advised to wait until these have been sorted out before applying for the Final Order.

When will the first no-fault divorce be granted?

With these new timeframes, the first conditional orders on no-fault divorces could theoretically be applied for on Wednesday 6th October 2022 – assuming that they were issued by the court on 6th April 2022. In reality we are likely to see delays with those first divorces, as most divorcing parties have financial matters and / or matters relating to children that will need to be agreed or litigated before they apply for their Final Orders.

One of our founding partners, Alistair Myles, commented on the change: “the divorce laws in the UK were well overdue an update and the no fault provisions have been welcomed by the family law community as well as by other professionals who support people going through divorce.

“The previous requirement to allay blame on one of the parties was always a terrible way to kick off divorce proceedings, and I hope that more cases will now resolve amicably using out of court dispute resolution methods such as mediation, arbitration and solicitor to solicitor negotiation. As well as providing a gentler experience for people going through divorce, a reduction in acrimony should also help to reduce costs.

“The cooling off period does mean that some divorces will take longer than they would have done under the old system; however it does allow for some breathing space to allow the parties to consider carefully and hopefully more easily resolve any issues relating to finances and / or children.

“The only negative I have experienced so far has been some technical issues which will need to be remedied quickly by HM Courts technical department. Other than that, the system seems well designed and logical and I do think the shift from blame and fault to a more neutral system will benefit everybody.”

Can the team at Ribet Myles help you?

We’re a dedicated, diligent and determined team of family lawyers providing a bespoke personal service. We act with compassion and integrity, with an empathetic and supportive approach. Our style is pragmatic, constructive and sensible, and designed to fit your specific circumstances - helping you to resolve your family issues and giving you peace of mind.

 Our team is also highly experienced in dealing with the types of disputes that come up in divorce and divorce related matters. As well as working with you to get the result that you want, we can help you to understand what you are entitled to and how to best go about obtaining an outcome that meets your needs and that of your family, both now and into the future.

Find out more about us and how we can help here, or to speak to one of our team here.