Divorce Solicitors

We deal with all aspects of the divorce process for you. In April 2022, the Divorce, Dissolution and Separation Act 2020 changed divorce law in this country. Now, there is no need for either party to blame the other for the divorce. This means that parties can now apply to Court without attributing any reason for or facts relating to “irretrievable breakdown of the marriage”, as long as they have been married for at least one year.

It is hoped that the new legislation will encourage an amicable approach to separation. To this end, the “irretrievable breakdown of the marriage” will be the sole ground for divorce, and you will simply have to make this statement within the application without any further proof required.

The Divorce Process

Here are the important steps in the divorce process:

Once an application to Court is made, there is a 20 week “cooling off” period before the Conditional Order of divorce is pronounced, which encourages parties to consider carefully the decision they have made.
The Conditional Order is the half way stage between the divorce application and the Final order. After the Conditional Order has been pronounced, the Court will be able to seal financial orders.
Parties will need to wait some 6 weeks before being able to apply for the Final Order, which will mark the end of the process.
Therefore, the overall timing of the process will be at least 6 months to get a divorce.

What were the previous Grounds for Divorce?

Prior to April 2022, one spouse only could issue a divorce Petition at Court. There was one ground for the divorce, being the irretrievable breakdown of the marriage, but this had to be proven by one of five facts. These were:

Unreasonable behaviour
Adultery
Desertion for at least 2 years
Two years separation with the consent of the other spouse
Five years separation without consent.

The end of the “blame game” whereby one spouse had to place the blame on the breakdown of the marriage on the other, has been welcomed by many.

Where the parties have been separated for at least five years, a divorce can be granted on this basis without the Respondent’s consent.

Other points to note

Other considerations to take into account before commencing the process:

There is an option for parties to apply jointly to Court, confirming together that the marriage has irretrievably broken down.
However, if one party does not agree to do so, a sole application may be made.
The option to “defend” the divorce, which had been possible prior to April 2022, has now been removed. This procedure often led to considerable recrimination, stress and expense, resulting in ongoing court proceedings.