BLOGS

No-Fault

In essence, divorce is the process of lawfully terminating a marriage. In 2022, divorce law changed, it is no longer a requirement to prove the irretrievable breakdown of a marriage via relying on one of five grounds: adultery, unreasonable behaviour, desertion, two years separation with consent or five years separation without consent. Instead, it is sufficient to simply state that the marriage has been subject to irretrievable breakdown.

Linguistics 

The new law has changed the names of the orders that are granted at different stages of the divorce proceedings, although their function remains the same. The Decree Nisi has been renamed the Conditional Order and the Decree Absolute has been renamed the Final Order. The Conditional Order is confirmation that the conditions for obtaining a divorce have been satisfied. The Final Order is confirmation that the divorce has been finalised by the court. 

Joint Application

The new law enables applicants to make a joint application for divorce. The purpose of a joint application is to try and offset the adversarial associations that people have with divorce. Instead, the parties can be seen as working together to secure a divorce on both of their preferred terms.

Time-Frame

The new law has lengthened the amount of time it will take for a divorce to be obtained. It will take a minimum of twenty weeks to obtain the Conditional Order after beginning the divorce process. The Final Order can be granted six weeks and one day after the grant of the Conditional Order, however, it is legally advisable to hold fire on acquiring the Final Order until finances have been settled…. something you really should discuss with your legal advisor!

Contestation

The new law has lessened the ways in which a person can contest a divorce. It is no longer possible for an individual to contest a divorce via disputing the facts that have been alleged by the other side. Instead, an individual can only contest a divorce of limited grounds: such as the belief that the divorce is being dealt with in the wrong jurisdiction or the belief that the marriage was never valid.

The Take-Away

The online divorce portal means that obtaining a divorce is simplistic, however, it is imperative to consult a solicitor on matters relating to the necessary financial arrangements. The divorce is likely to be the first milestone in a separation and does not finalise the matrimonial finances – this is only concluded by way of a sealed financial Consent Order of the Court.