The current rules for divorce – A step-by-step guide
The divorce process has changed, and many people are not aware of the new process. Shamila Hussain in our family law team explains these changes and how they are an improvement on the previous system. Prior to April 2022 the five grounds for divorce were:
- Adultery
- Unreasonable behaviour
- Separation for more than two years
- Separation for more than five years
- Desertion
Under the old system couples often found it difficult to divorce, as they had to fit their circumstances to one of the above categories if they wished to apply for a divorce. This often caused a lot of animosity between couples as many frequently relied on unreasonable behaviour on the part of their spouse when completing the acknowledgement of service. Whilst the spouse didn’t want to defend the divorce, many wanted to defend the allegations of unreasonable behaviour made against them.
The timelines for separation were also an issue for many couples seeking a divorce after separation without relying on any unreasonable behaviour, and they had to wait a minimum of two years from separation to pursue the divorce.
It created a lot of backlogs in the courts, with many divorce cases taking over 2-3 years from the date of issue through to the final order to be completed.
What is the new system?
The new system is more streamlined on the online system, and has simplified the previously daunting process. It now requires only one ground for divorce, which is that the marriage has irretrievably broken down. This has made it much easier for couples seeking a divorce.
The new system is on an online portal, so you submit the divorce online. The court will then issue the divorce and your spouse will be sent an acknowledgement of service form to complete and respond.
Once your spouse has responded, the matter is held in a mandatory time holding period of 20 weeks which cannot be shortened. Once the 20-week holding period is reached then you can apply for a Conditional Order. The court will then list the divorce for a pronouncement date. This is when the Conditional order will be pronounced by a judge in private. Once you have your Conditional Order, you have to wait a further six weeks and one day from the granting of your Conditional Order, to then apply for your final order and when that is pronounced you and your spouse will be officially divorced. The divorce process takes a minimum of 26 weeks.
Most importantly, you need to at least reach the Conditional Order stage in your divorce proceedings before any financial agreement can be approved by the court. Therefore, it is best to begin your divorce proceedings sooner to start the initial 20-week clock ticking.
It is important to note that if it takes you longer than 20 weeks to reach a financial settlement, then that is absolutely fine. Your conditional order will not ‘run out’ and you do not have to immediately apply for your final order. In fact, in some circumstances it is wise to wait to do so.
It is important to get legal advice on this point as a decision on when to apply for your final order should be determined on a case-by-case basis. It is better however to at least reach the Conditional Order stage of your divorce proceedings, or be working towards it, whilst you consider how to divide your finances. At Morrish we can assist you with the divorce and finances, so you have some legal support in a difficult time.
Author: Shamila Hussain, family law.
