The New Divorce Process; A Year On From When Changes Were Introduced

There are 4 key stages to the divorce process in England and Wales, namely;

1. Complete a divorce application online or through your solicitor, as either a sole applicant, or as a couple as joint applicants using Form DB;
2. Submit the application online, or by post with the fee of ￡593;
3. Apply for a conditional Order (once the application has been acknowledged by the other party and after a 20-week cooling-off period);
4. Apply for the Final Order (6 weeks after you have the Conditional Order).

These steps do not include separation of matrimonial finances or child arrangements. A financial settlement to legally bind the decision on how assets and wealth will be divided must be reached between the parties to show that the marriage has ended, and a Child Arrangements Order must be made to establish how and with whom a child will spend their time following their parent’s divorce.

Is the new process easier?

The reformed legal requirements and procedure for divorce, dissolution, separation and nullity introduced a non-confrontational, ‘no-fault’ approach to proceedings.

Before a person can start any of the above proceedings, they must first check that they meet the following legal requirements;

• The parties have been married for at least 1 year before the application is submitted;
• The parties have habitual residence or are domiciled in England or Wales;
• The marriage has broken down irretrievably.

If the above criteria are not met, divorce proceedings will not be able to begin. It is no longer necessary for the application to establish that 1 of 5 facts previously required by the Matrimonial Causes Act [1973] evidencing the breakdown of the marriage apply. Therefore, the court must accept the statement as conclusive evidence that the marriage has irretrievably broken down and make the Divorce Order.

Does the new process take longer?

The new process means that couples can take time to ensure divorce is the right things for them, but on the other hand this does mean that if you have made a joint application you will need to wait 20 weeks before either one of you can continue with the divorce.

If you applied as a sole applicant, the court will send the other party the divorce application and an ‘acknowledgement of service’ notification. They must then respond within the next 14 days to say that they either;

• Agree with the divorce; or
• Intend to dispute the divorce.

If your spouse agrees to the divorce, you can continue after 20 weeks by applying for a ‘Conditional Order’.

If your spouse disputes the divorce, they will have to complete an ‘answer form’ to provide genuine legal reasons, not simply because they do not want to divorce of delay the process.

New terminology

The “Divorce Petition” is now known as the “Divorce Application” which means that the person who starts the process will no longer be known as the “Petitioner” but instead, the “Applicant”. This fits with the notion of “no-fault” proceedings, with one party seemingly taking the blame.

Further changes to the terms used are the first stage of the process is now referred to as a “Conditional Order,” and the second stage is referred to as a “Final Order." This is a departure from the former terms of “Decree Nisi” and “Decree Absolute."

It is hoped that the new process and terminology will help make the divorce process better understood for those going through it.

If you’d like to talk with a family law specialist about your separation then please do get in touch with our family team by calling 0333 577 2250 or by sending an email to our family team at [email protected].