Grounds For Divorce
To apply for a divorce in England and Wales, one or both parties need to cite the irretrievable breakdown of their relationship.
No Fault Divorce
There is no longer the need to apportion blame when applying for a divorce after 6 April 2022, following the biggest change in divorce law in 50 years.
The Divorce, Dissolution & Separation Act 2020 was passed in June 2020 and came into force on 6 April 2022, drastically reforming the divorce process by removing the need to play the ‘blame game’.
The changes include:
- Removing the need for blame
- Removing the option to contest the divorce
- Adding the option to apply jointly for a divorce
- Introducing a minimum wait of 20 weeks between making the application and the conditional order of divorce
- Simplifying the language – ‘decree nisi’ is now ‘conditional order’, ‘decree absolute’ is now ‘final order’, and ‘petitioner’ is now ‘applicant’
When you are faced with a family law problem a sensible place to start is an initial consultation which will help you to understand your position and to formulate a plan.
How Did The No-Fault Divorce Change The Process?
Previously, the grounds for divorce depended on one party apportioning blame. One spouse had to accuse the other and establish a reason for the divorce – grounds included unreasonable behaviour, adultery and desertion. Without blaming the other party, separating couples faced two or five years of separation before a divorce could be granted.
This was the case even if the couple had mutually decided to divorce.
Why Were The Grounds For Divorce Abolished?
The no-fault divorce passed into law to reduce conflict and stress for separating couples. The new divorce process is designed to give couples more space to focus on the important matters like arrangements for children, finances post divorce and divsion of the family home post divorce, rather than blaming one another during the divorce process.
A spouse can apply individually, or a couple can apply jointly for divorce, by stating their marriage or civil partnership has broken down irretrievably. As a result, there is no need for accusations or blame, and spouses can no longer be locked into an unhappy marriage because one party contests the divorce out of spite – this is especially important for victims of domestic abuse.
The no-fault divorce is part of the wider process to improve the family justice system.
What Are The Grounds For Civil Partnership Dissolution?
Couples in a marriage who want to separate need to apply for a divorce, and those in a civil partnership wishing to end their relationship must apply for a dissolution. The process for both is the same – you no longer need to give a reason to obtain a divorce or a dissolution.
How Long Does A Divorce Take?
It takes a minimum of six months for the divorce process to complete.
What Are The Timescales For Divorce?
Every divorce application is unique and the process depends on the individual circumstances.
However, as a guide, this how long you can expect the divorce process to take for joint and sole applications:
Step 1: The Divorce Application
Joint Applications
Your application is checked by the court and you are both sent a case number and acknowledgement receipt together with a copy of your application stamped by HM Courts & Tribunals Service (HMCTS).
You then wait 20 weeks before applying for a conditional order of divorce.
Sole Applications
You are sent a case number and a copy of your application stamped by HMCTS. The court also sends your spouse your divorce application and an acknowledgement of service receipt.
Your spouse must respond to the court notification within 14 days to state if they agree with or dispute the divorce.
If your spouse does not respond, the court will advise you on what happens next.
If your spouse agrees, you can apply for a conditional order after 20 weeks of making the original application.
If your spouse disputes the divorce, they must complete a form to give their reasons. There has to be a legally valid reason to object, and not simply because they don’t want to divorce. You might have to discuss the details in court. If your spouse does not submit the answer form to court, you can continue with the divorce by applying for a conditional order after the 20 weeks minimum time requirement.
Step 2: Conditional Order Application
The court will review your application, which can take several weeks.
If the judge agrees, the court will send you and your spouse a certificate and tell you when you’ll be granted the conditional order.
You need to wait a minimum of 43 days (six weeks and one day) after being granted the conditional order before you can apply for the final order.
Step 3: Final Order Application
The court will check all the details and send you both copies of the final order of divorce.
Once you receive the final order, you are divorced.
About the Author
Vasoulla Constantinou is a partner at the firm and Head of Family Law. She is a SRA regulated family law solicitor with over 20 years of experience and has been awarded a specialist accreditation by Resolution, an organisation committed to the constructive resolution of family disputes in a non-confrontational manner. Vas advises clients on all matters relating to family law including divorce, financial issues and child law. For more information visit her full profile.
We pride ourselves on being friendly and approachable so if you need advice, please do get in touch by calling 0208 889 3319 or via the form below.
