Divorcing your husband or wife can be emotionally draining, time-consuming and expensive, so you may be wondering how to get a divorce in the UK if your spouse refuses to cooperate, or if it is even possible. The good news is that it is achievable and has been since the introduction of the No-Fault-Divorce law.
No-Fault Divorce Law:
The Divorce, Dissolution and Separation Act of 2020 took effect on April 6, 2022, significantly altering the divorce process.
Consent from both parties is no longer required for a divorce. The irretrievable breakdown of a marriage is now sufficient grounds to legally separate.
Previously necessary conditions like unreasonable behaviour, adultery, or desertion are no longer required. A divorce can now be granted solely on the basis of a broken marriage. Your spouse can no longer block the divorce. However, there is a mandatory waiting period of at least 26 weeks before the divorce can be finalised.
How No-Fault Divorces Work:
1. Divorce Can Be Granted Without Blame
One of the most significant changes was the elimination of the need to assign blame or fault. Under the previous laws, a spouse had to prove the marriage had broken down using one of five grounds for divorce.
Now, all that’s required is a statement declaring the marriage has irretrievably broken down, which cannot be contested. This aims to make the process less stressful and more constructive.
2. Joint Divorce Applications
Couples can apply for divorce together. Previously, one spouse had to initiate the process, designating them as the petitioner and the other as the respondent, even if the decision was mutual.
Now, couples can apply jointly as co-applicants, fostering a non-confrontational start to the process. If only one spouse applies, they are called the applicant, and their spouse remains the respondent.
3. Updated Terminology
The laws have simplified divorce terminology. The ‘decree nisi’ is now the ‘conditional order,’ and the ‘decree absolute’ is the ‘final order.’ The spouse initiating the divorce is referred to as the applicant, replacing the term petitioner.
4. Minimum 26-Week Process
The laws impose a minimum duration of 26 weeks for a divorce. This includes a 20-week period between the application and the conditional order, followed by a 6-week wait before the final order can be requested. This period encourages couples to reflect on their decision and attempt reconciliation.
5. No More Contested Divorces
Contesting a divorce is no longer possible. Previously, a spouse could contest the divorce application if they disagreed with it or the reasons provided, which could delay and complicate the process.
The newer system only requires a statement from either spouse (or both) to prove the marriage has broken down, eliminating the possibility of contestation.
Thinking About Getting Divorced?
If you need guidance or support with divorce or any family-related matters, the Family Law team at DMA Law is ready to assist you. We are available to answer any questions you might have about the divorce process.
For further information or to book a consultation, please feel free to contact us. Our skilled solicitors are dedicated to helping you through this difficult period with professionalism and empathy.
