From 6th April 2022, the law and procedure for ending a marriage or civil partnership changes. The changes arise from the Divorce, Dissolution and Separation Act 2020. The changes are often referred to as No-Fault Divorce and fundamentally will change how a divorce or dissolution is obtained.

WHY IS THE LAW CHANGING?

The new law of divorce and dissolution addresses long-standing concerns that separating couples had to alleged fault or blame in order to end their relationships legally. This often set a confrontational tone for subsequent discussions about the more important issues of arrangements for children and financial matters.

It is hoped that by removing the need to allege fault and allowing for joint applications, couples will be directed to a more collaborative approach which may speed up the resolution of other issues and save costs and reduce the emotional impact on families.

Some divorces will likely remain highly contentious, but at the very least, some time and legal costs will be saved by the new law.

THE KEY CHANGES

  • The requirement to allege and prove conduct (such as adultery or unreasonable behaviour) or separation grounds has been removed.
  • A simple statement of “irretrievable breakdown” is the only basis for a divorce or dissolution.
  • There is no basis for defending or cross-petitioning for technical reasons such as jurisdiction.
  • It is possible for both parties to apply jointly for a divorce or dissolution for the first time. There is a new 6 month (26 week) minimum timeframe for a divorce or dissolution starting from the date an application is made.

WHAT WILL A DIVORCE COST?

We estimate that the legal costs of submitting sole or joint applications will be in the region of £450 plus VAT. This more or less halves the cost of the divorce-only procedure. The court’s fee remains £593; it is expected this will be shared by the parties which, will depend on the financial resources available to each party. It is possible to ask for one party to pay the legal costs of the other, but this involves a separate application and an additional court fee, plus lawyers will charge extra for dealing with contested costs. It is likely contested costs applications will be a disproportionate expense.

At Gordons Partnership, our family team remains a member of Resolution and is committed to finding fair, cost-effective solutions to issues arising from relationship breakdown.

To speak to one of our excellent family lawyers today regarding your divorce, or other family-related legal issue, contact us today by calling 020 7421 9421 (London) or 01483 451900 (Guildford). Alternatively, email sols@gordonsols.co.uk and we will get back to you. For more information about our divorce-related service offering, click here. For more information about the changes no-fault divorce will bring, as well as everything that will not change, click here.