At long last, the new ‘’No fault’’ divorce will come into law on the 6th April 2022. What you need to know about the new procedure:
The divorce can no longer be contested by the Respondent in the proceedings.
The existing grounds established on the 5 facts are being replaced with a singular requirement to provide a statement of irretrievable breakdown within the relationship.
Joint application can now be brought by parties, a new way of doing things in the family court proceedings.
20 weeks minimum wait between submission of the petition and the proceedings has been introduced, to allow time to reflect and prevent applications made in haste.
The ”decree nisi’’ is replaced with ‘conditional order and ”decree absolute” is now to known as the ”final order” in the system which is only few months away.
What If I petition using the old system ?
The law on the 6th April, will be under the new ‘’no fault divorce’’ which will replace the current divorce procedure framework, and as such it will not be possible to issued a petition under the old fault-based system after this date.
What happens in the event that the current divorce is not concluded by 6th April?
Provided that the petition has been submitted, it can still continue to proceed under the current framework through the court as normal. In the event you have not submitted your petition, you will need to comply with the new requirement.
Does this change the Financial or Children Act Proceedings?
No – these changes only apply to the procedure used to apply for your divorce.
Do I have to wait until 6th April to petition for a divorce?
As it is, you can still petition under the new system. However, if you have been seperated for two years and both consent to the divorce or five years without consent, you don’t need to identify the allegation the divorce petition.
If you think you have sufficient evidence to petition under the current framework, book your consultation with us for £75 to discuss further with our team.
If you need any support or advice with a family matter please our solicitors in London are able to assist you. You can get in touch with us at info@adeljibssolicitors.co.uk or 02034173859
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