The long awaited modernised changes to the current laws governing Divorce and Civil Partnership Dissolution in England and Wales is intended to be implemented on 6th April 2022. Under the new Divorce, Dissolution and Separation Act 2020:
- The current 5 grounds that need to be relied upon will be replaced with a statement explaining how the marriage has broken down irretrievably (which will be the only ground for divorce)
- A divorce cannot be contested by the Respondent
- Both parties can make an application jointly
- Simple and plain English will be used. Unnecessary legal jargon will be removed.
Once an Application for a Divorce Order (currently called a ‘Divorce Petition’) has been made, the Applicant (currently referred to as the ‘Petitioner’) will await a period of 20 weeks from when Respondent is served with documents, to apply for a Conditional Order (currently known as ‘Decree nisi’). Then the Applicant can apply for a Final Order (currently known as ‘Decree Absolute’) after 6 weeks has elapsed from the date of the Conditional Order (as is the current time lapse). The process for financial remedy remains unchanged.
The purpose of these changes is to avoid conflict between spouses (and to protect the children of the family) and make the process of divorce simple and straightforward. Many consider the current procedure, which is over 50 years old, to be archaic and failing to reflect the views of today’s society.
We at BLC Solicitors are on board for a simpler way of divorcing and encouragement of a dignified and amicable way of dealing with a marriage breakdown.
Please contact our friendly team on 0121 285 5101 to discuss your legal situation and your options to move forward.