NO FAULT DIVORCE

Major changes to the divorce process will come into affect on the 6th April 2022

As of the 6th April the new “No Fault” divorce will come into force and parties will not have to, or indeed be able to, blame the other for the breakdown of their marriage. Under current laws, one spouse needs to issue divorce proceedings against the other, under the new system both parties will be able to make the application jointly.

The decree nisi and decree absolute will be replaced with a conditional and final order, and the parties will have to wait at least 20 weeks from the start of the proceedings until the application for conditional order can be made. This ‘period of reflection’ will give couples an opportunity to reflect and work through their differences before committing to a divorce.

It is hoped that by removing the blame element from the proceedings, couples will find it easier to amicably agree other aspects of the breakdown of the marriage such as the arrangements for the children, or financial matters.