The final date for fault and separation based divorces was yesterday (unless there is an urgent jurisdiction issue in the next few days), making way for the new no fault divorce to come into action next week. Here are some of the main changes:
Now that there is no need to prove fault or separation it is hoped that making arrangement to move forward as a separating family will involve less conflict at the early stages and encourage constructive discussions between separating couples.
To show that the marriage has broken down, there just needs to be a statement that the marriage has broken down irretrievably. This no longer needs to be evidenced by one of the ‘5 Facts’ involving allegations of behaviour, adultery or separation. Applications can be made by one or both parties together. Solicitors are now able to act for both parties.
Terminology has been changed to make it more user-friendly, for example Decree Absolute will now be known as Final Order.
Divorces will now take a minimum of 6 months with a minimum 20 week wait from issue until a conditional order is made and then a further minimum of 6 weeks to final order. As with the old procedure, if parties wish to wait longer to finalise the divorce (for example while they work out a financial settlement) they are able to do so.
No fault divorces will be available from Wednesday 6th April.