The Divorce, Dissolution and Separation Act 2020 officially came into force on 6 April 2022 and as such is now approaching its first anniversary since coming into effect. The act introduced what is known as “no fault divorce” which has, for many people, removed the anxiety and worry about having to play the “blame game” when filing for divorce. It further gave the choice of making a joint application, which was not a possibility before the new law was introduced.

So, what has changed and how has the new law progressed?

What has changed?

Aside from changing the fact that the only factor that now needs to be proven to grant a divorce is an “irretrievable breakdown of marriage” and introducing joint applications, there have been a few changes to the terminology as well as timescales.

Under previous terminology, there were two stages to the divorce process: Decree Nisi and Decree Absolute.

The Decree Nisi confirmed that the parties were entitled to a divorce, but did not finalise the divorce itself and the Decree Absolute was the final stage, which concluded the divorce.

The previous law did not impose any time period which you had to wait for applying for a decree nisi, and imposed a 6 week time period in which you had to wait prior to applying for decree absolute.

Under the new law, however, there is a waiting time of 20 weeks prior to being able to obtain the conditional order. This has been created so as to give the parties a period of reflection prior to applying for a conditional order of divorce. Beyond this, a further 6 week and 1 day period is required prior to applying for the final order.

Therefore, this means that there is a minimum wait period of 26 weeks and 1 day to obtain a final order, although in practice, this is likely to be much longer.

The statistics

The most recent statistics from the Ministry of Justice, published on 30 March 2023, show that between October to December 2022, there have been some 24,273 applications made, 77% of which came from sole applicants and 23% from joint applicants, including those for dissolution of civil partnerships.

Since the new law came into effect, there have been 89,123 applications and the average time from the date of the petition to decree nisi/conditional order was 38 weeks, which is 13 weeks longer when comparing with 2021.

The statistics show that there has been an increase in the number of petitions issued of 5% from the same quarter in 2021, with an increase in overall petitions across the last three quarters in 2022 when comparing to 2021.

It can be concluded, when looking at the statistics, that the introduction of the new “no fault divorce” has increased the number of applications being made. It could be said that perhaps individuals were cautious of issuing divorce proceedings where they would have to blame their spouse for their behaviour, adultery or otherwise in fear of bad blood between them or retaliation. With the no fault divorce introduction, these anxieties can be quashed, and divorces can be conducted under less acrimonious circumstances.

Whilst it is clear that joint applications are still not as popular as sole applications, some couples have clearly opted for this, perhaps in the hope of maintaining co-operative relations even during a divorce. Statistically, since the new law has been introduced, the number of joint applications has largely stayed the same (22% in Q1, 23% in Q2 and 23% in Q3).

What does this mean for you?

Whilst the length of time in which you are able to obtain a divorce has increased, the fact that there is no longer a blame game is likely to settle some worries about increasing tensions between you and your spouse.

Additionally, the increased length of time between issuing a divorce petition and being able to obtain a conditional order allows both of you to try and reach a financial settlement in relation to the divorce in good time.

Whilst a financial order can only be granted after the conditional order has been issued, it is wise to make use of the time in between the petition and the conditional order to try and reach a financial settlement with your spouse.

It is important to note that even after a final order is granted, that this only concludes the divorce and not any financial aspects of your marriage. Until a financial order is granted, claims for financial relief remain open.

Ridley & Hall’s Family & Matrimonial team can assist you in applying for both divorce and financial remedy.

Should you require assistance in relation to the above, do not hesitate to contact us on our freephone 0800 860 62 65.

Ernestas Motiejunas – Trainee Solicitor