No fault divorce came into effect in England and Wales on 6 th April 2022. This reform means that
parties no longer need to choose from one of the below 5 reasons when applying for a divorce and
can apply for a divorce on the basis that the marriage has broken down irretrievably.
- 2 years separation with consent.
- 5 years separation
- Adultery
- Unreasonable behaviour
- Desertion.
There is no longer a requirement to provide a detailed statement as to why the marriage has broken
down irretrievably, removing the “blame game”.
The Process
The Application: We apply for a divorce on the basis that the marriage has broken down
irretrievably.
The Conditional Order:This is where the court recognise that the marriage has broken down
irretrievably. The Conditional Order can be applied for 20 weeks after the date of the divorce
proceedings were commenced.
The Final Order:This is the stage where your marriage is legally dissolved. The Final Order
can be applied for 6 weeks and 1 day after the Conditional Order has been pronounced.
However, it is usual for parties to agree to delay applying for the Final Order until
matrimonial finances have been resolved by way of a consent order or order from the court.
When applying for divorce it is necessary to provide the court with your original marriage certificate.
