On April 6th, 2022, the Divorce, Dissolution and Separation Act came into force. This introduced the concept of a divorce where no blame was attached. The parties are now able to petition for a divorce on the fact that the marriage has irretrievably broken down due to irreconcilable differences. In effect, this is a no-fault divorce.
Divorce Rates Since the No Fault Divorce Act
Figures from the Ministry of Justice indicate that between April and June 2022 there were 33,566 divorce application made. Of these 33,324 were made on the basis of irreconcilable differences, and approximately only one in five of the applications were made jointly by the parties as a couple. In the past, parties could not jointly apply for a divorce.
What Is The No Fault Divorce Act?
A no fault divorce allows the couples to divorce on the basis that the marriage has irretrievably broken down due to irreconcilable differences; parties no longer have to allege adultery, unreasonable behaviour, or separation for a period of time.
In the past, they would have to make these allegations which often set the whole process off on bitter footing. As a consequence of the new divorce laws, parties should be able to approach negotiations in respect of finances and children on a more amicable footing as a result of the above.
A Longer Process?
Under the previous legislation the average length of time from the petition to the Decree Nisi being pronounced was 36 weeks. Under the new law, couples must wait at least 20 weeks before they can apply for what is known as a Conditional Order. This is to give parties a meaningful period of reflection to ensure they are making the right decision for them. Although this may lengthen the overall process, there has been no comment upon the average length of divorces under the new legislation as of yet.
Get Expert Legal Advice from Howells Solicitors
At Howells, we are specialists in advising parties in respect of divorce and ending civil partnerships. We approach things in a sensitive manner with the aim of achieving agreement between the parties in order to minimise the stress and costs. Please do not hesitate to contact us to book an appointment where we can discuss the matter further.
