Like all family solicitors we welcome the introduction of no-fault divorce which will be available from 6 April 2022.  This is the most significant change in divorce law since 1969 and introduces an entirely new basis of obtaining a divorce and a new timetable.

 

The application for the divorce can be made by one person or there can be a joint application by both parties to the marriage.  Service of a divorce application can be undertaken by email.

 

Unlike the present system, there is no opportunity to defend divorce proceedings.  While there is a possibility of challenging the proceedings on some technical grounds, it is very unlikely that these will arise in practice.

 

Under the new process, there will be a 26 week time period between commencement of divorce proceedings and the final divorce order, currently known as decree absolute, being made.

 

There will be a period of 20 weeks from the issue of the divorce proceedings until it will be possible to apply for the first decree, currently known as decree nisi, which will now be known as the conditional order.  Since it is not possible to lodge a financial consent order for approval until the conditional order, this may have an impact on people who have settled financial matters and record it into a binding financial consent order, if they wish to implement a financial settlement quickly, for instance for the sale of a property.

 

There is the possibility of recording a financial agreement in the form of a Deed of Separation which can provide some interim protection until the conditional order has been made at which point it will be possible to lodge a financial consent order for the approval of the court.  There are, however, specific legal requirements for a Deed of Separation and legal advice should be obtained before signing such a document.

 

It is important to remember that a pension sharing order cannot be made under a Deed of Separation, although the Deed of Separation can record an agreement to share pensions in a financial consent order to be lodged at a later date.

If the new process follows the current pattern, once it is possible to apply for the final divorce order, the applicant will receive an email from the court telling them it is now possible for them to apply.

 

If you would like to arrange a confidential chat with one of our experienced family law solicitors as to how they can support you through your divorce, or you would like further information on the services we offer, please call 01206 835320 or contact us