New divorce procedure – no fault divorce step-by-step process/guide
From 6 April 2022, new divorce law has come into force, called no-fault. It replaces the current fault-based system and introduces a new basis for obtaining a divorce. Under the new divorce system, separating couples are no longer required to prove irretrievable breakdowns.
What is No-Fault Divorce?
As the name implies, no-fault divorce is a more amicable approach to divorce, without having to place blame on the former spouse to prove an irretrievable breakdown.
The separating couples can make a joint application for divorce and dissolution. With the new time scales, it takes a minimum of 26 weeks for the divorce to finalize.
Applying For No-Fault Divorce
You can apply for the no-fault divorce in England and Wales if any of the following applies
- Married for over a year
- irretrievable breakdown of marriage
- Your marriage (including same-sex marriage) is legally recognized in the UK
- The UK is the permanent home of you and your partner, if not, you have lived here for a minimum of 6 months.
Grounds For a No-Fault Divorce
Traditionally, the old divorce law required separating couples to prove one of the ‘five facts’. These include adultery, unreasonable behaviour, desertion, and 2 years and 5 years of separation with the consent of both parties.
The new divorce law requires couples to make a simple statement stating the permanent breakdown of a marriage or civil partnership.
Step-by-Step Guide for No-Fault Divorce
Anyone can begin the application process by filling out the form available on gov.uk. Enter certain information like the spouse’s current date and details regarding the wedding date along with your marriage certificate. Submit the application and the required fee or quality for a fee exemption.
Official Court Process
If you have applied individually, the court will thoroughly check your application, it takes two weeks to start the process and simultaneously begins the 20-week reflection period.
An applicant will be sent a notice that a divorce application has been issued along with a stamped copy of the divorce copy and a case number.
Acknowledgement of Service (AOS)
At the same time, the court will send a divorce application and AOS form to your partner. Your spouse has 14 days to complete and return the AOS to the court.
If applied jointly, the court will send a Notice of Proceedings to each party, and both parties have to respond within 14 days.
Applying For The Conditional Order
After the 20-week cool-off period, you can apply for the conditional order, asking the court to proceed with the divorce.
Court Reviews The Application For Conditional Order
If the judge approves your divorce application, the court will send both parties a Certificate of Entitlement stating the time and date of your conditional order.
Conditional Order Granted by the Court
A conditional order is granted within 4 to 5 weeks from the Certificate of Entitlement. As soon as it is granted, the second six-week cooling-off period begins. During this time, couples can submit their financial consent order to the court for approval.
Applying For The Final Order
After the six-week waiting period, apply to the court for the final order (decree absolute) to legally end your marriage.
Final Order Granted
Within 24-48 hours, the court will issue the Final order to both parties, once you receive the order, you are officially divorced.
Disclaimer:
The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Connaught Law and authors accept no responsibility for loss that may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Connaught Law. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Connaught Law.
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