Once you have decided that your marriage is over and you have taken the first step towards divorce or dissolution of a civil partnership, most people would like to be able to complete the formalities as quickly and smoothly as possible. However, the historic laws of divorce have meant that the process could often be confrontational and one partner could refuse to cooperate.

Such was the situation in the recent case of Owens v Owens where the argument centered on whether Mr Owens had behaved in such a manner that it was unreasonable to expect his wife to continue to live with him.

The court found that his behaviour did not meet the legal standard for unreasonable behaviour, and the only option for Mrs Owens was to wait until they had been separated for five years. Mrs Owens could not get a divorce sooner without proving that her partner was at fault, as he did not agree to the divorce.

From April 2022 divorcing spouses were able able to apply for a no-fault divorce in England and Wales, and this was welcome news for many who seek a divorce without having to point the finger of blame at their former spouse.

Under the previous rules, you could only obtain a divorce if you were able to prove your partner was at fault because of adultery, unreasonable behaviour, or desertion. Alternatively, if both spouses agreed, a divorce could be pursued after two years of separation. If your spouse did not agree and you could not prove any fault, then you were required to be separated for five years before you could pursue a divorce.

What changed in April 2022?

The old laws were replaced with a new law, meaning you would be able to apply for divorce by simply citing that the marriage has broken down irretrievably. It is no longer necessary to wait years, or to have to blame your former spouse.

If you both agree to divorce

Under the new law you can apply for your divorce jointly. Both of you can give notice to the court and sign, as part of your application, a joint declaration confirming the irretrievable breakdown of your marriage.

If one spouse disagrees

Either of you can give notice to court and sign a declaration as part of your application that the marriage has broken down irretrievably. It will not be necessary for your spouse to agree to, or to sign, the declaration. Your application must then be sent to your spouse.

New jargon

There will be some changes in the terminology used for all divorces under the new law from April 2022:

· the ‘petitioner’ will be known as the ‘applicant’;

· the ‘decree nisi’ which is the first court order of your divorce will be replaced and known as a ‘conditional order’; and

· the ‘decree absolute’ which is the last court order, and the one that actually dissolves your marriage will be replaced and known as a ‘final order’.

Removal of objections

Finally, there is now less ability to defend a divorce. Under the old law if you did not wish to get divorced then, as Mr Owens managed to do, you were able to defend against the accusations of fault. Alternatively, you were able to contest the length of your separation.

Under the new simplified legislation these bases are removed. Defending a divorce will now only be possible on very limited grounds, such as objecting to the validity of the marriage, or objecting to the court having jurisdiction.

Is this a quickie divorce?

The new law includes a 20-week cooling off period to provide an opportunity to change your mind, between having applied for your divorce and before the conditional order is made.

After the conditional order has been made, you must wait a further six weeks to obtain your final order. Bearing this in mind, it will not necessarily be a ‘quickie divorce’ but is certainly quicker than waiting two or five years.

Less acrimony

Eliminating the need to find fault will undoubtably speed matters up in some cases and will reduce potential conflict.

It can often be extremely upsetting and even provoke anger to read the allegations which have been made against you in a divorce petition. This can ignite a bitter feud between spouses and even their extended families. Removing the need to prove fault will remove some stress and acrimony for many couples.

For many, divorce does not stop the need to communicate with your former spouse especially when you have children together. Having a less contentious divorce should help to maintain better relations and communications which will ultimately benefit everyone. It can greatly assist children to come to terms with their new life, if they can see their parents communicating amicably.

Reduced costs

The benefits also include keeping costs down and saving on court time. Under the old rules, a defended divorce was often expensive and timely. Mr and Mrs Owens spent a significant amount of time and money on their legal battle. The new rules will mean defended divorces will become almost unheard of.

It is important to note that in most cases the lion’s share of legal costs arises in relation to disputes over the financial separation rather than the actual divorce.

If you would like more information or advice about the issues raised in this article, or any aspect of family law please contact our expert legal team on 02080040065, by email at [email protected] or using the form below.

The contents of this article are general information only. The information in this article is not legal or professional advice. The law may have changed since this article was published. Readers should not act on the basis of the information included and should obtain independent expert advice from qualified solicitors such as those within our firm.