As has been extensively reported in the media we head into a new dawn in dealing with the introduction of the no-fault divorce on 6th April 2022. It is hoped that this long-awaited legislation will reduce the acrimony previously experienced as a result of having to cite fault (unreasonable behaviour or adultery) on the part of one of the parties to enable them to secure a divorce.
The new application for a divorce (formerly called a divorce petition) can now, for the first time, be issued by both parties as a joint application, or by one of them as a sole applicant.
Once issued, and allowing for a period of reflection, an application for a conditional order (formerly decree nisi – the first stage in the divorce) can be made after 20 weeks. After a further 6 weeks an application can then be made by either of the parties or by both parties jointly for the final order (formerly decree absolute). However, this is often withheld pending the financial issues being resolved, so as not to prejudice either of the parties’ financial claims arising from the marriage, especially if pensions are involved
If you are considering divorce but have previously been concerned as to the acrimony that would have arisen under the old law and the impact it could have in terms of the children and the finances, then now may be the time to take advice on issuing divorce proceedings. Please contact us on 0330 100 0320 to arrange a meeting with one of our Family Law experts. We are able to offer meetings either by video, in person or by way of an initial telephone call.