No Fault Divorce Laws April 2022

Divorce Law Reform April 2022

| Published on April 7, 2022

Today, 6th April 2022, the law concerning divorce is reformed to remove the need for one party to place fault on the other or to be separated for a minimum of two years, to enable a party to commence divorce proceedings.

The previous law for divorce in England and Wales was passed in 1973 and it is concerned that since then, society’s views have changed meaning, the law was outdated.

With this in mind, the law has been reformed with the view of being clearer, fairer and to promote amicability between individuals at what could be a very acrimonious and emotional time in their lives. This will allow the important issues of finances and arrangements for the children to be focused upon.

The major changes which have now been implemented, are as follows:

  1. No need to prove fault of one party
  2. There is no ability to contest divorce proceedings
  3. There is the ability for parties to make a joint application for divorce
  4. The language will be clearer and simpler to understand – Decree Nisi is now a ‘Conditional Order’ and the Decree Absolute is a ‘Final Order’
  5. A minimum time frame of 26 weeks will be introduced from the date of the application to the Final Order

All divorce applications that are now filed will be under the new law. It should be noted however, that the law concerning financial provision upon divorce will remain the same.

Margaret Baker (Partner), Kay Levene (Partner), Leanne Weatherill (Partner), Darren Francis, Debbie Roper (Associate), Michelle Holt (Paralegal) or Hayley Coyne (Paralegal)

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