No more unreasonable behaviour petitions, no more adultery petitions. As from April 2022, couples who want to divorce and then co-parent on an amicable basis have been freed from acrimonious requirements of the 1960s fault-based divorce process. Nearly two years on, it is clear that this long overdue reform has reduced the level of aggression at the start of a case and allows the parties to move more quickly onto the meatier discussion topics, such as the division of the matrimonial finances or the arrangements for the children.
Applying for No-Fault Divorce
In order to apply for a divorce under the new process, the applicant must tick the box declaring to the Court that their marriage has irretrievably broken down. No evidence of that breakdown is needed.
However, in return for the new ease of applications, Parliament introduced a 20-week moratorium period from the date that the application is issued. The party seeking the divorce cannot request their Conditional Order (previously the Decree Nisi) until this 20-week period has ended. This runs regardless of the other party acknowledging (or not acknowledging) the divorce papers being served on them.
This period allows for effective discussions to take place so that the parties are hopefully able to finalise their financial agreement before applying for the Final Order (previously the Decree Absolute) a minimum of six weeks and one day later.
There is usually no way now to hold up the divorce process, which avoids the dreadful situation whereby one party forces another to stay married against their will. This was seen in the sad case of Owens v Owens in 2018, whereby a husband defended his wife’s divorce petition and made her wait for the full five years before being allowed to end the marriage.
Divorce Applications: Recent Statistics
The simplification of the divorce process can be noted in the recent statistics from the government website. Between July and September 2023, 27,290 applications were made under the new divorce process (75% as sole applicants, 25% as joint applicants). Although a 12% decrease from the same quarter in 2022, the number of applications remains high, perhaps allowing for those couples who were unable to divorce under the old law, to finally do so amicably.
It would appear that the introduction of No-Fault divorce has been an entirely good thing, with the only current limitation being the delays that still have hold on the Family Courts. A 26-week process on paper is currently taking on average up to 65 weeks from the date of the application to the final order being received.
Family Solicitors Guildford and London
The Family Team at Gordons Partnership are experienced family law solicitors and would be happy to advise you.
Our experienced family lawyers have decades of combined experience supporting clients with all family law matters, including:
- Divorce & Dissolution
- Finances on Divorce
- Children Act Proceedings
- Variation of Maintenance
- Family Dispute Resolution
- Domestic Abuse
- Cohabitation
- Pre and Post Nuptial Agreements
To speak to a solicitor about your matter today, please call 01483 451 900 (Guildford) or 020 7421 9421 (London). Alternatively, you can fill in this contact form or email sols@gordonsols.co.uk.
About the Authors
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| Judith Fitton | Poppy Jackson |
| Partner | Trainee Solicitor |
| Tel: 01483 451 900 | Tel: 01483 451 900 |
| Email: judith.fitton@gordonsols.co.uk | Email: poppy@gordonsols.co.uk |