The New Divorce Regime – a six-month progress report

Fundamental changes to divorce procedures were introduced in April 2022, specifically the introduction of a ‘no-fault’ divorce. Until then, most divorces in England & Wales were based on the idea of ‘unreasonable behaviour’. Six months on, what has been the impact of the changes?

No-fault divorce

There is little doubt that, removing the need to cite adultery or unreasonable behaviour as a reason for divorce has made the process easier for individuals. It has removed some of the stigma attached to the general idea of the other side receiving divorce papers (and the potential reaction that this would entail being a factor that clients need to overly consider).

Joint Petitions /applications haven’t been made in the numbers that might have been expected by the authors of the legislation. However, applying for a divorce on the simple basis of ‘the marriage has broken down irretrievably’, and nothing further being said, is clearly less stigmatised.

Legal advice still needed

Although most individuals would now be able to run a decree of divorce through the various stages, there remain many circumstances where referral to an experienced Divorce lawyer is required, not least in addressing financial and child related matters. Also, in cases where the other party is not cooperating with responding to the Divorce Petition, lawyers may need to become involved to proceed matters through the various stages.

Cooling off period – too long?

Experience to date shows that the insistence of a 20 week ‘cooling off’ period after the initiation of divorce proceedings has been less well received. Couples must wait 20 weeks before the matter can proceed towards an application for a conditional order and then the filing of the Consent Order to address financial matters on a once and for all amicable basis.

We have seen frustration from couples, particularly those that have been able to reach early agreement in the process (or indeed where such agreement is in place prior to the instigation of the proceedings). They are frustrated in having to wait 20 weeks before they can progress to the next stage and move towards the final Consent Order when the financial agreement is full, final, and binding on all parties. The cooling off period leaves them in a frustrating period of limbo.

Consequently, some parties have the additional complication of instructing their lawyers to prepare Heads of Agreement to provide, at the very least, some level of temporary security protecting their agreed financial arrangement pending the ‘upgrade’ of a Consent Order to transpire at a later date within the process.

Although a limited cooling off period may be useful, it is fair to assume that those commencing divorce proceedings have already thought long and hard about the potential ramifications of such proceedings, both in terms of family and financial impacts. It is felt that this area should be kept under review and a reduction in the cooling off period considered, if needed at all.

Further review

Bearing in mind that we have undergone a fundamental change in divorce and its related procedure, the general feeling is that there are overwhelming positives to be taken from these changes, assuming that steps are taken to adjust and refine the regulations on an ongoing basis.

Our six-monthly assessment of the changes in the law and their impact, awards a B⁺ Report.

For further advice and support, please contact one of our specialist Divorce and Family law solicitors: