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No fault divorce - need advice?

On 6 April 2022, the law and procedure for getting a divorce or civil partnership dissolution changed completely.

Before 6 April 2022, someone applying for a divorce had to “prove” that their marriage was over by relying on either adultery, "unreasonable behaviour", separation, or desertion. This system increased conflict between a separating couple, making an agreement on parenting or financial settlement more difficult even when couples were trying to be amicable. 

After 6 April 2022, someone applying for a divorce will have to sign a simple statement that their marriage has broken down, followed by a 20 week waiting period before being able to progress their divorce by applying for an interim divorce order called a conditional order (a decree nisi under the pre-6 April 2022 system). Six weeks and one day later, the applicant can then apply for the final divorce order (a decree absolute under the old system).

There have also been changes to the terminology used in the divorce process to make it simpler and easier to understand. For example, a divorce petition will become a divorce application and the decree nisi and decree absolute will instead be called conditional order and final order.

A fundamental change is that for the first time in England and Wales it will also be possible for a couple to apply for a divorce or dissolution jointly.

Our experience in no fault divorce

This is the most fundamental change in divorce law for 50 years and is the culmination of a campaign in which our family team has played a leading part.

Our divorce and children lawyers are passionate about taking the heat out of a divorce. We promote out of court options such as mediation, collaborative divorce and arbitration whenever we can. 

All of our family lawyers are members of Resolution which promotes a constructive approach to separation and divorce. When Nigel Shepherd, our Head of Family Law at that time and long-time campaigner for no fault divorce, was national chair of the organisation in 2018, Mills & Reeve represented Resolution in the Supreme Court in the hugely influential case of Owens v Owens. This case was a key reason behind this long overdue change in the divorce laws.

FAQs

No fault divorce came into force on 6 April 2022.

Vlogs

In this webinar, Mills & Reeve consultant Suzanne Kingston speaks with Ania Tarasiewicz and Tim Whitney (Mills & Reeve), Isabelle Rein Lescastereyres (bwg, Paris) and Geoff Wilson Hopgood (Ganim Lawyers, Brisbane) about the introduction of no fault divorce in England and Wales.

The law on how you can get divorced in England and Wales changed on 6 April 2022. In this vlog, Caitlin Jenkins, the familylawvlogger, and her colleague, Nigel Shepherd, discuss the changes that came into effect. They also discuss the background to the law change, including the academic research and key case law that prompted the change.

This vlog is a discussion between Caitlin Jenkins, the familylawvlogger, and her Mills & Reeve colleague, Nigel Shepherd, about the forthcoming changes to divorce law in England & Wales, including the introduction of no fault divorce.

All you need to know about the Government announcement on divorce reform in England & Wales in 2019.

This vlog, recorded in January 2020, is a conversation between Caitlin Jenkins, the familylawvlogger, and colleague Nigel Shepherd, former chair of Resolution, about the proposed changes to divorce law in England & Wales which are going through the UK Parliament. It provides an update to the vlog they recorded in May 2019, also on the familylawvlogger YouTube channel.

This vlog, recorded on 29 June 2020, is a discussion between Caitlin Jenkins, the famiylawvlogger, and her colleague, Nigel Shepherd. It's the latest in a series of updates on the no fault divorce legislation as it passes through Parliament, finally gaining Royal Assent on 25 June 2020. It examines the next stages for the legislation and considers when the changes to the law are likely to come into force and be able to be used by divorcing couples.

This vlog with Mr "no fault divorce" Nigel Shepherd, consultant at Mills & Reeve, and familylawvlogger Caitlin Jenkins, partner at Mills & Reeve, brings you up to date on the timing of the implementation of the new "no fault" divorce in England and Wales under the Divorce, Dissolution and Separation Act 2020.

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