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DIVORCE During the early days of wedded bliss, few couples expect their union to end in divorce, but many do, and as Lisa de Silva explains, the divorce laws are being reformed this spring
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tatistics from the Office of National Statistics show 42% of marriages in England and Wales will fail and a third will have ended before the 20th wedding anniversary. From April 2022, the biggest reform in divorce law comes into force and here, we explore how the divorce process in England and Wales is set to change. THE DIVORCE PETITION To begin the divorce process, you must be married for at least 12 months, have a permanent home in the UK and your marriage must be recognised in the UK. Currently, one spouse issues a Divorce Petition (the petitioner) against their partner (the respondent). The Divorce Petition seeks to prove the marriage has broken down by citing one of five reasons – adultery; desertion; unreasonable behaviour; separation of
two years with consent or separation of five years with no consent required.
pronounced once the court is satisfied that the marriage meets the legal and procedural requirements to obtain a THE INTRODUCTION OF divorce. It’s like having a certificate NO-FAULT DIVORCE confirming you are legally entitled to From 6th April 2022, No-Fault Divorce divorce. To simplify things, the Decree will be introduced in England and Nisi will be known as a Conditional Wales. This will mean one party no Order of Divorce from April. longer needs to blame the other for the Under current law, once this relationship failing and there is no need to has been issued couples must wait a apportion responsibility for the breakdown further 43 days before applying for the of the marriage. The five reasons for Decree Absolute, which legally ends divorce will no longer be relevant. the marriage. Under the new reforms, Couples will be able to divorce couples will have to wait a minimum if they both agree that the of 20 weeks before applying. It marriage has broken down is hoped that this longer and be able to apply period of reflection will for divorce jointly, counter concerns that removing the option the reforms will make for one person to marriages quicker contest the reasons and easier to end. why the marriage From April, the broke down. It is Decree Absolute hoped that this will become known will reduce the as the Final Order amount of conflict of Divorce. between divorcing While a Decree couples. Absolute legally ends a marriage, freeing THE DECREE you both to marry NISI & DECREE other people, it does ABSOLUTE not free you from your The Decree Nisi will be The Decree Nisi financial connections. known as a Conditional is a conditional Without a legally decree of divorce Order of Divorce February 2022 | SUSSEX LIVING 107
