Changes to Divorce Proceedings From Today

Changes to Divorce Proceedings From Today

The Divorce, Dissolution and Separation Act 2020 introduces no-fault divorce  from 6 April 2022.  It fundamentally changes the law and procedure in relation to divorce and dissolution of Civil partnerships.

The new rules introduce  a 26 week time period between commencement of divorce proceedings and the final divorce order ( formerly Decree Absolute)  being made. There will inevitably be delays that impact upon that timetable.

The process starts with the filing of the divorce application at the court which can  now be filed by either party or as a  joint divorce application ( The Court fee remains at £593). The stages previously known as Decree Nisi (applied for 20 weeks after issue) and Decree Absolute ( 6 weeks after Decree Nisi)  can be applied for individually and jointly so for example  one spouse could submit the divorce application and  the other spouse then apply for the first decree (Nisi)  and then they both apply for the final (Absolute) divorce order.

There are some areas of concern around the rules about the notice to be given when the divorce petition is issued and  protecting some financial rights that are lost once a divorce is final but overall the removal of fault and blame in an already emotionally charged situation appears to be a positive step for families.

If you require advice in relation to divorce or other family matters, please contact our family/matrimonial team on 0161 665 3502.

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