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The Divorce, Dissolution and Separation Act that came into force in April 2022, represented the biggest shake up in divorce law for more than 50 years. It introduced the no fault divorce which completely ended the need for separating couples or civil partners to apportion blame for the breakdown of their relationship.
The aim of the Act was to help couples focus on key practical decisions involving children or their finances and look to the future.
Previously, one spouse was forced to make accusations about the other, such as behaviour or adultery, or face a minimum of 2 years of separation before a divorce could be granted. This was regardless of whether a couple had made a mutual decision to separate.
The new law means that a spouse, or a couple jointly, can now apply for divorce by stating their marriage or civil partnership has broken down irretrievably. It effectively ends the “blame game”.
A couple can file for a no fault divorce once they have been married for at least 12 months, regardless of whether or not both parties agree.
The Act also introduces a new minimum timeframe of 20 weeks between the start of proceedings and when individuals may apply for a conditional order of divorce. This will offer time to reflect, and potentially turn back, or where reconciliation is not possible to agree important arrangements for the future – such as those involving children, finance, and property.
The new law also makes sure language is in plain English, for example, changing ‘Decree Nisi’ to Conditional Order and ‘Decree Absolute’ to Final Order. The person(s) who commence the Divorce is no longer the “Petitioner” and now becomes the “Applicant(s)”.
How long does a no fault divorce take?
The timescales related to the no fault divorce process are relatively straightforward. It is now estimated that no fault divorce proceedings take a minimum of 26 weeks to finalise.
This is because there are now two separate minimum waiting periods. There is a 20-week waiting period for the Conditional Order (this was formerly known as the Decree Nisi) to be issued and a further 6 week waiting period for the Final Order (this was formerly known as the Decree Absolute).
Of course, the time it takes to finalise a divorce will also depend on other factors, including the division of finances and arrangements for children.
Can a no fault divorce be contested?
No, a no fault divorce cannot be contested, except in extremely limited circumstances which the court feels compelled to investigate further. This might include where an English or Welsh court does not have the jurisdiction to deal with a divorce, or a marriage is not valid.
