Under the current law, the grounds upon which couples wanting to separate must rely on to prove their marriage has irretrievably broken down are:
> unreasonable behaviour
> 2-year separation with consent
> 5-year separation without consent
This means, there will need to be someone to blame, often causing unnecessary conflict between couples. The new law coming into force means that there need not be anyone at fault for a divorce to take place. There simply needs to be a statement to confirm the marriage has irretrievably broken down, but there is no requirement for any proof.
How much will it cost?
There is a court fee, currently £593 payable to the court by the party making the application.
What is the new terminology?
The updated language is:
> ‘Petitioner’ (the person making the application) will now be the ‘applicant’
> ‘Decree Nisi’ will now be a ‘Conditional Order’
> ‘Decree Absolute’ will now be a ‘Final Order’
What is the time frame?
There is a minimum period of 20 weeks from the beginning of proceedings to when the Conditional Order can be made. There will then remain a 6 week period between the Conditional Order and the Final Order.
Who can make the divorce application?
The new law also means, that the application does not have to be initiated by one party alone, but couples can make the application jointly.
When does no fault divorce become the law?
UK Parliament passed the Divorce and Dissolution Act in 2020, however, it comes into effect on 6th April 2022.