On 6th April 2022, the ‘’no-fault’’ divorce was introduced. There is only one ground for divorce which is that the marriage has irretrievably broken down. Under the new divorce law, there is no longer any need to assign blame and you do not need to provide the court with an additional reason for the divorce such as: adultery; unreasonable behaviour; desertion; separation for more than 2 years; or separation of more than 5 years. The purpose of this change in divorce law is to make divorce easier, reduce conflict and make the process less acrimonious.
When can you get a divorce?
You have to be married for one year before you can start divorce proceedings
Divorce process
You need to start divorce proceedings to bring the marriage to a formal end. You can either make a divorce application on a sole basis or a joint basis.
The application is submitted online via the online divorce portal. The Court requires a scan of your original marriage certificate. There is also a court fee payable when making the application
Once an application has been made for divorce and the other spouse has confirmed to the court that they have received the divorce application, there is a ‘’cooling-off’’ period of 20 weeks from the date of the divorce application. Only when that 20-week period has elapsed can you confirm to the Court that you wish to proceed with the divorce and request the next stage in the process which is known as a Conditional Order.
Once that confirmation has been provided, the Court will issue a ‘’Conditional Order’’. You are still married at this stage, but the Conditional Order is important as only once it is granted does the Court have the power to approve any financial agreement
6 weeks and one day after the Conditional Order is made the Final Divorce Order can be applied for. Once the Final Divorce Order has been made you are officially divorced. Any financial order becomes enforceable once the Final Divorce Order is granted.
There is now no option to defend a divorce, save for exceptional circumstances (for example, the Court not having jurisdiction to deal with the matter or the marriage not being valid in the first place). This means that, even if one spouse does not agree to the divorce, the Court will grant the divorce regardless, on the basis that one spouse has confirmed to the Court that the marriage has irretrievably broken down. However, you have to prove that the other spouse has received the divorce application.
How much does divorce cost?
The court fee for starting a divorce in England and Wales is £593. You might be able to pay a reduced court fee if you are on a low income or receive certain state benefits.
For advice on how to get on divorce, please contact a member of our Team.
