Navigating the New Divorce Process | A Guide to No-Fault Divorce and What It Means for You

From 6th April 2022, the divorce process in England and Wales changed with the introduction of the Divorce, Dissolution and Separation Act 2020. This brought in what is known as “no-fault divorce”.

What does “no-fault divorce” mean?

Previously, you had to give a reason (like adultery or unreasonable behaviour) to explain why you wanted a divorce. Now, this is no longer necessary. You simply state that your marriage has broken down irretrievably.

In most cases, the other party (your spouse/civil partner) cannot challenge or stop the divorce, unless there are very specific reasons—such as if there’s a question about whether the marriage was legally valid or if there’s a rare jurisdictional issue.

Changes to Legal Terms

To make the process clearer and easier to understand, some of the legal terms have been updated:

• “Decree Nisi” is now called the “Conditional Order”.
  • This means the court has conditionally approved the divorce but it’s not yet final. The court could cancel this at any time before the final stage.
• “Decree Absolute” is now called the “Final Order”.
  • This is the final step in the process, confirming that the marriage has legally ended.

Changes to Roles in the Divorce

The Act also brought about name changes for the people involved in the divorce process:

• The person applying for the divorce is now called the “Applicant” (instead of “Petitioner”).
• The other party is still called the “Respondent”, as they respond to the application.
• If both parties agree to apply together, they can do so as “Joint Applicants”. This allows the process to feel more equal and amicable.

The Divorce Timeline

Starting the Process

The Applicant (or Joint Applicants) submits the divorce application to the court.

The Respondent then has 14 days to acknowledge service of the application. If they don’t respond, the process can still continue.

The 20-Week Reflection Period

From the date the application was issued, a 20-week holding period begins.

This gives both parties time to reflect on their decision, discuss finances, and resolve other important matters, such as arrangements for children or property.

If you decide to reconcile during this time, you have the opportunity to do so without proceeding further.

Applying for the Conditional Order

At the end of the 20 weeks, you can apply for the Conditional Order.

A judge will review the application and issue a certificate of entitlement. This means they approve the divorce can proceed to the pronouncement of the Conditional Order.

A Judge will pronounce the Conditional Order at a hearing but you do not need to attend court for this step.

Finalising the Divorce

6 weeks after the Conditional Order is made, you can apply for the Final Order.

This is the final step that officially ends the marriage.

How Long Does the Process Take?

On average, the divorce process takes 6-8 months. However, this can vary depending on the efficiency of the court, the speed of responses, and any issues that arise along the way.

How can Hegarty help?

At Hegarty, we are here to guide you through every step of the process. Divorce can be an emotional and stressful experience, but we will make sure everything is handled smoothly and efficiently. If any issues come up, we’ll deal with them promptly so you can focus on moving forward with confidence and clarity.

If you have any questions or need support, please don’t hesitate to get in touch.