Stop Press! We finally have a date for the start of the new no fault divorce legislation. The new regulations will come into effect from 6th April 2022.
If you wish to apply for a divorce under the current legislation based upon fault, ie adultery or unreasonable behaviour, you have until 31st March 2022 to do so. From 31st March 2022 to 6th April 2022 no application for divorce will be processed online.
From 6th April 2022 The Divorce, Dissolution and Separation Act 2020 reforms the legal requirements and process for divorce. The act aims to reduce the potential for conflict amongst divorcing couples by:
removing the ability to make allegations about the conduct of a spouse
allowing couples to end their marriage jointly
The act also introduces a minimum period of 20 weeks between the start of proceedings and application for conditional order. This provides couples with a meaningful period of reflection and the chance to reconsider. Where divorce is inevitable, it enables couples to cooperate and plan for the future.
It will no longer be possible to contest a divorce, except on limited grounds including jurisdiction.
Getting divorced and have started your application
If you have an application saved on the current digital service and still want proceed, you’ll need to access your account and submit your application by 4pm on 31 March 2022.
Alternatively, you can wait until the new digital service is launched. If you still want to apply for a divorce, you can start your application again from 6 April 2022.
If you’ve started filling out a paper application form, you’ll need to make sure it’s received by the court by 4pm 31 March 2022. If you’re sending it in the post, you’ll need to make sure it reaches the court by that date.
Not started your application
It can take time to get the right documents together for your application. So, if you haven’t started an application yet, you may want to wait until the new services are available from 6 April 2022.
Need help with a divorce?
Call us today on Bradford (01274) 449910 or Huddersfield (01484) 810210.