No fault divorce laws are now on the horizon. After a series of false starts, it seems that the new legislation will finally come into force on 6 April, 2022. The arrival of the new divorce laws has been met with a mixed response. Nevertheless, here are 10 things you need to know about no blame divorce…
1. No blame needs to be assigned
Under current UK divorce laws, you need to specify a reason why your marriage or civil partnership has broken down irretrievably, choosing from one of three reasons – adultery, desertion, unreasonable behaviour or separation.
The new, no fault divorce laws come with no such requirement. Instead, both parties can apply for a court order to dissolve a marriage without pointing fingers at each other. Advocates of no fault divorce claim that this will help to reduce bitter divorce battles, ease legal costs and reduce the strain on family courts already under pressure.
2. Joint applications can be made by couples
A couple can mutually agree that a relationship has irretrievably broken down as the sole ground for wanting a divorce, and this can be submitted as a joint statement. An application can be made online and the respondent does not need to defend the divorce or cross apply for a divorce.
3. A divorce cannot be contested by either spouse
The new, no fault divorce laws will prevent one party from contesting a divorce, dissolution or separation if the other party is adamant that they want to divorce. However, UK government figures show that the option to contest a divorce is taken up in less than 2% of cases.
Advocates argue that removing the power of one party to contest a divorce will help domestic abuse sufferers, who are often forced to remain in coercive relationships because their partner can challenge a divorce.
It is still possible to contest a divorce under the new laws on the grounds of jurisdiction, the legal validity of the marriage, fraud or coercion and procedural compliance.
4. Divorce terminology will change
Under the new laws, divorce language will be updated:
- A Decree Nisi will become a ‘Conditional Order’ – this is a document issued by the court that states that they see no reason why you can’t divorce.
- A Decree Absolute will be known as a ‘Final Order’ – this is the legal document that is issued to officially end your marriage. You will need to wait six weeks after a ‘Conditional Order’ is issued before you can apply for a ‘Final Order’.
- The Petitioner will become the applicant – the person filing the divorce application will be referred to as the applicant.
5. 20-week wait for a Final Order
The new, no fault divorce laws will impose a minimum period of 20 weeks between an initial divorce application and a Conditional Order. This means that your divorce could take up to six months to complete. The UK government has stated that the waiting time gives couples ‘ample time to reflect on a divorce application and the opportunity to reconsider’.
The new laws will keep the minimum six-week period between a Conditional Order and when the Final Order can be made.
6. Divorce lawyers have welcomed the changes
Divorce lawyers across the UK, Holland Family Law included, have largely welcomed the divorce reforms. Meanwhile, the president of The Law Society, I. Stephanie Boyce, said: ‘’No fault divorce will cut unnecessary conflict from the separation process – allowing couples to move on amicably.”
“This divorce reform will bring our marriage laws into the 21st century and ensure that, in the future, separating couples and their children do not suffer unnecessary conflict,” Ms Boyce added.
7. Divorce application fees will be frozen
The fee for a divorce application will remain at £593, having risen from £550 in September 2021. However, there are calls for the £593 fee to be scrapped. The Law Society has argued that the fee is too high and discriminates against people unable to afford it.
The Law Society has urged the UK government to cut family court fees to reflect that the new, no fault divorce system will require less administration.
8. Financial settlements will still be separate
While divorce reforms have been welcomed, financial settlements following a split will remain as a separate process that runs parallel to divorce proceedings.
However, if there is a criticism of the new, no fault divorce laws, it’s that they will result in more rushed financial settlements.
Research published by LCP reveals that only one-third of divorce cases have any kind of financial order attached to them, and not all of these will include pension orders either.
There are fears for women in particular – especially around pension values, which are often worth more than the family home – that they could enter retirement with inadequate pension provision.
However, a statement published by the Ministry of Justice said: “This is not a new problem and, in fact, our changes give couples more time to resolve their issues and greater chance of doing so amicably. We have committed to further exploring financial provision, including pension sharing, once the new laws are in force.”
9. Less time to seek financial advice
Amid concerns surrounding rushed financial settlements, there are fears that the new laws will leave divorce applicants with less time to seek the financial advice they need. The person filing for divorce must serve their application to the respondent within 28 days from issuing.
If the respondent is not served until the 28th day, they then only have 16 weeks until a Conditional Order is made. This will limit the time a respondent has to get financial advice and they could be ‘blindsided’ by the divorce.
The Law Society is currently campaigning for the notice period to start as soon as the respondent receives a divorce application, rather than at the start of proceedings – meaning when an ‘applicant’ applies for divorce.
10. The previous system ends on 31 March
As of 31 March, you will no longer be able to apply for a divorce using the current paper or digital system. Nor will you be able to access a saved digital application that is yet to be issued by the court.
Between 31 March and 5 April, no new divorce applications will be accepted by the digital service.
From 6 April, new paper and digital services will be accessible.
Holland Family Law recommends waiting a few weeks after the launch of the new system to make your application for divorce to give time for things to settle. Holding off for a few weeks won’t make any difference to the length of time your divorce will take.
