The Divorce Law – The Big Change Is Here
In her latest blog, Family Law Solicitor Alison Wilding discusses The Divorce Law and the changes that come into place on the 6th April…
In a few days time, on the 6th April, the Divorce, Dissolution and Separation Act 2020 comes into force which marks the first major changes to the divorce law since the last Act in 1973.
So, What Does This Mean To Me?
If you now wish to issue divorce proceedings, the only basis is that the marriage has broken down irretrievably and you have to sign a statement to confirm that this is the case. There is no longer the requirement to explain to the court why the marriage has broken down irretrievably. This allows the divorce to proceed on a no-fault basis so there would be no allegations of behaviour or adultery.
The new law has been brought in to try to keep divorces more amicable. It is hoped that this will make it easier for the parties to agree on arrangements for the children and financial settlements.
What Other Changes Are There?
The procedure itself is very similar but there are some big differences. The divorce can now either be applied for by just one party or as a joint application by both parties. A joint application reinforces the no blame divorce and that both parties agree the marriage has broken down.
The words used have also changed to make them easier to understand. They are:
- The petition is now a divorce order
- The petitioner is now the applicant
- The decree nisi is now a conditional order
- A decree absolute is now a final order
Can I Still Ask My Spouse To Pay The Cost Of My Divorce?
Under the old law, the petitioner could ask the court to make an order that the respondent pay their divorce costs, and this was a usual request in petitions based on unreasonable behaviour or adultery. The application for a divorce order no longer asks if the applicant wants a costs order. If you believe that your spouse should pay your costs then you can make a separate application to the court setting out your reasons for the Judge to consider. You can, of course, reach an agreement with your spouse as to any contribution that they should make.
How Long Will The Process Take?
There is now a minimum period of 26 weeks. You cannot apply for the conditional order in the divorce until 20 weeks after the application was initially issued. This is to allow a period of time for reflection to ensure that a party has not rushed into issuing divorce proceedings and it is actually what they want to happen. There is then a further period of six weeks before you can obtain the final order which ends the marriage.
What Happens In Regards To Financial Agreements?
The arrangements for dealing with a financial settlement remain the same. Once an agreement has been reached an order cannot be submitted to the court until after the conditional order has been made so at least 20 weeks after the divorce application has been issued. An applicant doesn’t have to apply for the final order straight away after the six week period so if a financial settlement has not been reached then they do have some control over when the divorce should end. I will usually advise not to obtain the final order until a financial settlement has been concluded to ensure that you don’t lose out on rights that you may have as a married person.
For the respondent, they have little control over when the divorce is finalised. However, they can now apply to the court to consider their financial position after a divorce. The court cannot then pronounce the final order unless they are satisfied that the applicant should either not be required to make any financial provision to the respondent or the financial provision made by the applicant for the respondent is reasonable and fair.
How Can We Help?
If you have any questions regarding the changes to the Divorce Law or any other family matters, please do not hesitate to get in touch. You can contact me on 01283 214231 or via email at a.wilding@timms-law.com. Alternatively, you can visit the Family page of our website here.
April 2022