On the 6th of April 2022 the Divorce, Dissolution and Separation Act 2020 came into force, implementing the no-fault divorce, the first change in divorce law for England and Wales for 50 years.
Keys Facts
- Reduced conflict between the parties as there is no requirement anymore to assign fault when filing for divorce.
- One party or both parties together can apply for a divorce order or dissolution order
- A statement confirming that the marriage/partnership has broken down irretrievably
- The respondent will no longer be able to defend the proceedings, expect in extremely limited circumstances.
- The application for a Divorce will be lodged electronically, making the process quicker.
- New Terminology will be more user friendly to litigants in person or non-lawyers as the Latin terms will not be replaced.
Do I need to wait for the party to consent to the divorce?
The quick answer is no, as the ability to defend the application has now been removed because of the new law. If you are faced with a scenario where your spouse or partner do not agree with the divorce, then a sole application cab be submitted to the court.
How long will the application take?
It is hoped that the minimum time for a divorce or dissolution will be in the region of six months.
What are the costs?
The court fee is £593.
Our team of specialist family solicitors will be able to provide you with advice on the costs and procedure. We offer a fixed fee depending upon whether a sole or joint application can be submitted to the court.
Do I need to instruct a solicitor?
Whether you are making a sole or a joint application, there several details that need to be considered carefully. After the Final Order (previously known as a Decree Absolute) is made there will be further arrangements that you will need to negotiate either for the finances or the child arrangements.
How can our Divorce Solicitors help?
At Rose & Rose we approach every case with respect to the family dynamic trying to secure the best outcome for all involved. Our team specialises in complicated divorce proceedings, we can assist with divorce, financial settlement, and separation agreements.
For further advice on divorce and other aspects of family law, please get in touch with our Family Law team today by calling 0208 974 7490 or email info@roselegal.co.uk.
This blog post is not intended to be taken as advice or acted upon. If you are seeking legal advice, please contact our team of solicitors
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