News

How Divorce Laws Are Changing In 2022

Table of Contents

April 2022 will see a major change in divorce legislation in England and Wales that is designed to reduce conflict and hostility between partners when they separate.

Current legislation, introduced in the 1970s, is now considered to be out-of-date and unreflective of modern society in some respects. These laws were designed to protect marriages and the welfare of children by preventing ‘easy’ separations, avoid the exploitation of one partner through a one-sided divorce request by the other, and discourage so-called ‘sham’ marriages seeking to cheat the immigration process.

However, by doing so it introduces an unnecessary risk of acrimony between parties involved in a divorce, which could be avoided if no blame was attached during court proceedings. Sometimes relationships just don’t work out, with no need to stigmatise one partner or the other by attributing ‘blame’.

The complexity of current divorce legislation also increases the risk of partners remaining in unhappy or abusive relationships – with negative consequences for their children – due to the costs and stress associated with the divorce process.

How Rrevised ‘No Fault’ Divorce Laws Eliminate Blame

From 6^th April 2022, couples wishing to divorce will no longer need to apportion blame to either party or to wait two years before their application will be considered.

An application for divorce can be made by either party, or jointly; there will be no possibility of the application being contested if:

The marriage was legal.
An English or Welsh Court has jurisdiction.

What Are The Implications Of The ‘No Fault’ Divorce

The revised divorce laws will ensure the process is simplified and streamlined and will introduce the following changes:

A statement of irretrievable breakdown of the marriage will be required, without apportion of blame.
The application for divorce can be made by one Applicant or jointly.
There will be no option for the divorce to be contested.
Decree Nisi will be renamed ‘Conditional Order’; Decree Absolute will be renamed ‘Final Order’.
A 20-week period of reflection between the application for divorce and the Conditional Order will be necessary.

How Long Will a ‘No Fault’ Divorce Take?

Until April 2022, divorce laws will observe current legislation, so a ‘no fault’ divorce is not possible before that date.

Once revised legislation has been enacted, the following timescales will apply:

The application for divorce is submitted.
A 20-week period of reflection is implemented.
If the Applicant(s) still wish to proceed, a Conditional Order will be granted.
The Final Order is issued six weeks later, at which point the marriage is formally ended.

The entire process is expected to take approximately six months, during which time the couple will be able to review financial and practical arrangements.

Thinking Of Applying For a Divorce? Contact Astle Paterson For Expert Legal Advice.

If you’re currently considering applying for a divorce, get in touch with Astle Paterson in confidence today.

As members of the Resolution and the Family Law Panel, our divorce solicitors offer a sensitive and trustworthy approach to your divorce and can provide expert advice on finances, children, and other relevant issues.