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Q AHow did the Law change regarding Divorce in 2022?

As of April 6, 2022, the law in relation to divorce proceedings was substantially changed with the introduction of the “no fault divorce” in England and Wales. This has brought significant changes to the mechanics of divorce proceedings and the dissolution of civil partnerships.

Some of the main changes that have been made are as follows:

You’re no longer required to prove one of the “five facts” to evidence irretrievable breakdown, which were: adultery; unreasonable behaviour; desertion; two years separation with consent and separation for five years. Under the new law, the only requirement is that a statement of irretrievable breakdown must be provided (i.e., a statement confirming that the marriage has irretrievably broken down).

It limits (even further) the possibility of a party contesting the divorce/dissolution.

It introduced the possibility of making a joint application for divorce/dissolution.

It marked a shift from archaic language to more modern phrases. For example, the new law removed references to decree nisi and decree absolute, and replaced them with a conditional order, and final order respectively.

It was intended that the changes would implement a less contentious procedure and would essentially reduce the likelihood of conflict, as neither party is required to “point the finger” at the other to establish wrongdoing to justify the need for a divorce/dissolution. Therefore, the main objective was to shorten the length of proceedings and encourage good relations between the parties. This would allow parties to concentrate on other important issues, such as child arrangements and settling matrimonial finances.

Despite the number of changes, a few requirements have remained such as the need to have been married for 12 months before applying for a divorce.

Whilst the law in relation to divorce proceedings has this year undergone a significant change, the law in relation to the settling of matrimonial finances and child arrangement is not intended to change in the immediate future.