Divorce and the Dissolution of Civil Partnership

England’s new divorce law came into effect in England and Wales on 6 April 2022. The changes include the following:

1. No blame or periods of separation are required

The no fault divorce means that couples can divorce without one person blaming the other or having to separate for a period of more than 2 years. This change also applies to the dissolution of civil partnerships.

It’s also no longer possible to contest a divorce or civil partnership dissolution (unless it is on the basis of jurisdiction).

2. Couples can apply for divorce jointly

Under the old divorce laws, one person needed to issue divorce proceedings against the other.

The person who started the divorce used to be called the petitioner. Under the new no fault divorce system, the application can either be made by one person (known as the applicant) or both can make the application jointly (known as applicant 1 and applicant 2).

If the application is just made by one person, the other person is called the respondent.

3. Divorce terminology has been updated

Some of the wording in the old process was considered to be archaic. The decree nisi is now called the ‘conditional order’ and the decree absolute is now the ‘final order’.

4. There is a minimum timeframe of 26 weeks between the application and final order

A minimum timeframe of 20 weeks has been introduced between the application being submitted and the final order being applied for. A minimum timeframe of 20 weeks has been introduced between the application being issued and the conditional order being applied for. A further 6 week and 1 day period must then pass between the conditional order and the application for the final order.

This timeframe has been introduced to counter concerns that the reforms would make divorce a quicker and easier option for couples than trying to save their relationship. This ‘period of reflection’ gives couples an opportunity to reflect and work through their differences before committing to a divorce or civil partnership dissolution.

5. It is no longer possible to contest a divorce

This is one of the most significant changes to come out of the divorce law reforms.

Under the new divorce system, a divorce or civil partnership dissolution can only be contested on the basis of jurisdiction. It cannot be contested for any other reason.