On 6^th April 2022 the new no-fault divorce system came into effect. This represented a significant reform to divorce law in England and Wales, simplifying the process and reducing conflict between the parties.

Parties can now file for divorce without having to allege fault or wrongdoing by their spouse. The only ground for divorce now is the irretrievable breakdown of the marriage, which is confirmed by a statement from one or both parties.

Either party can apply individually or both parties can make a joint application. The new system limits the ability to contest the divorce, which makes the process much quicker and reduces acrimony. Once the divorce application has been processed by the court, there is a mandatory 20-week waiting period before the conditional order (formerly the decree nisi) can be applied for. This period is intended to allow for reflection and if appropriate negotiation of financial and child arrangements. Following that there is a further mandatory 6 weeks waiting period before the final order (formerly the decree absolute) can be made, which concludes the divorce.

Our expert solicitors can guide you through this process.

If you are in an abusive relationship, there are various orders that the court can make to protect you and any children in your family. For example, the court can make a Non-Molestation order preventing your ex-partner from continuing to harass or threaten you, or from coming within a certain distance of you or your home. If your partner is abusive and refuses to leave the family home the court can make an Occupation Order, requiring them to leave. It is important you contact the police for assistance if you feel there is any immediate threat to you or your children’s safety.