How does the new Divorce procedure affect how a Divorce is carried out?
16 August 2022
The new divorce procedure came into force on the 6th of April 2022. This is the first major change for the general divorce procedure in 50 years and the changes are wide-reaching in that even the terminology now has changed. For example, it is no longer called a divorce petition it is called a divorce application, therefore you are not the petitioner anymore; you would be the applicant. The decree absolute, which is received at the end of the marriage, is now called a final order. The decree nisi, which is the intermediate stage, is called a conditional order. It is really important for people to understand the new terminology.
The main change is that under the old divorce procedure you had to rely on the fact that the marriage had irretrievably broken down; however, you also then had to refer to one of five reasons such as unreasonable behaviour, adultery or periods of separation. From the 6th of April 2022, the huge change is that you now do not have to give any reason for why the marriage has broken down, the parties just have to file a statement that the marriage has broken down and do not have to give any reason so it is commonly known as the no-fault divorce procedure.
The parties, for the first time can submit a joint application to the court that the marriage has broken down and that has never been permitted before. The other major difference is that the divorce has a period of waiting so from lodging the application with the court there will be a minimum period of 26 weeks before the divorce can be finalised. The reason for that is to allow a period of reflection and consideration, but also for the parties to be able to resolve their financial affairs.
Solicitors and bodies, like Resolution, have been campaigning for the no-fault divorce procedure for many years so it is pleasing that after all this time, it has now come into force. All the information for the new divorce procedure along with the new terminology can all be found on the website.
Here is a video recorded by Head of Family Law, Sharon Mckie:
If you would like any further advice or information, do not hesitate to get in contact with our Family Team on 01302 341414 or fill out our online enquiry form.
We have more articles on our website regarding the No-fault Divorce procedure, here are two that you may find useful:
