The reason for the change in the law was to remove the previous requirement for ‘blame’, quite often having to cite grounds of some specific details of unreasonable behaviour, or adultery, which could result in matters becoming very adversarial right from the start. It is now simply not possible to allege any blame, even if one party wished to do so, and the only ‘ground’ as such for divorce is for the applicant, or joint applicants, to make a statement that the marriage has broken down irretrievably.

Generally, applications are made online. There were certainly many teething problems in the early stages, but the majority of those do seem to have been ironed out, and the online Court portal is relatively easy to use and navigate. Divorcing couples can choose to issue an application on a joint basis, or either party can issue a sole divorce. It is almost impossible to now defend a divorce.

Has it sped up the process?

One oddity is that proceedings under the new law can take longer than under the old regime. That is because there is a statutory cooling off period of 20 weeks from the date of issue of the proceedings to the date when an application can be made for a Conditional Order of divorce, previously known as a Decree Nisi. The reason for this period is primarily to allow parties to have some time to then negotiate financial matters. The Court do still list a formal Hearing for the grant of the Conditional Order, but the parties do not need to attend that Hearing, but generally the Conditional Order might not be granted until approximately 6 months after the date of the issue of the application, sometimes longer. The Final Order of divorce can then be obtained 6 weeks after the grant of the Conditional Order, therefore at least 7 months, or even longer, from the issue of the Petition. Under the previous procedure sometimes a Final Order of divorce (Decree Absolute) could be obtained within 4 months of the issue of the proceedings.

The biggest impact this delay has is where parties very quickly reach a financial settlement and wish to draw up that agreement into a binding Order of the Court, often referred to as a financial Clean Break Order. Such Orders cannot be obtained until the Conditional Order of divorce has been granted by the Court which can sometimes be frustrating for parties who have reached a swift financial agreement.

Need advice or assistance?

For assistance in relation to the issue of divorce proceedings or the settlement of financial matters, please contact either Richard Perry (01482-590224 or rep@gosschalks.co.uk) or Mark Reeves (01482-590220 or mar@gosschalks.co.uk).

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