On 6 April 2022 a new set of divorce laws came into force.
One simple ground for divorce
Instead of the previous five legally acceptable grounds for divorce, the only ground is the irretrievable breakdown of the marriage. This reason alone needs to be given in a statement. No specific explanations or evidence need to be provided as to why the marriage has broken down.
As before 6 April 2022, you cannot begin divorce proceedings until you have been married for at least a year.
Contesting a divorce is much harder
Previously, a divorce could be contested for any reason. The new laws mean that it is no longer possible to contest a divorce, except on limited grounds including jurisdiction (ie the legal authority of the court to hear and determine the case).
Joint applications are allowed
Separating couples can now make a joint application for divorce if they choose to. In effect they are both consenting, which should make it easier to amicably agree on tricky issues such as children and finances.
Updated terminology
- ‘The petitioner’ is now ‘the applicant’.
- ‘Divorce petition’ is now simply ‘application’
- ‘Decree nisi’ is now ‘conditional order’.
- ‘Decree absolute’ is now ‘final order’.
- ‘Defended divorce’ is now ‘disputed divorce’
Divorce and family law glossary
See our divorce and family law glossary to understand some of the key legal terms used during the divorce process,
Twenty-week period of reflection
There is a minimum period of twenty weeks between the start of the proceedings and the conditional order. This allows for a period of reflection, giving couples the opportunity to reconcile, or seek mediation or counselling services. If separation is inevitable, this period is useful to discuss important matters such as finances or child arrangements.
The minimum period of six weeks and one day between the conditional order and final order is the same as previously.
In theory, this means that the entire divorce process should take no longer than six months if the couple agree on everything.
Impact of the changes on people’s lives
It is hoped that these changes in the divorce laws will help families by encouraging amicable proceedings, rather than causing further problems.
The new laws remove the need for one party to ‘blame’ the other, often with embellished evidence of unreasonable behaviour in order to make the divorce application legally successful.
The new laws also prevent people being trapped in unhappy marriages and provide greater protection for victims of domestic abuse.
The changes should help to minimise the impact of divorce on children, who are often exposed to the animosity of divorce proceedings.
