The procedure for England's new divorce law

Executive summary

From 6 April 2022 England and Wales has a new divorce law so-called no-fault.  It is the most significant divorce law change since 1969.  It introduces an entirely new basis of obtaining a divorce and a new timetable.  It will have different consequences for the applicant and the respondent.  It allows joint petitions and joint applications for the final divorce.  Service will be invariably by email as default service method.  In any event divorce itself is now an almost entirely online process.  The rules for procedure have just been published and this note explores some of the important changes for practitioners

The new divorce law

The Divorce Dissolution and Separation Act 2020 introduces no-fault divorce available from 6 April 2022.  It covers marriage civil partnership and nullity.  It provides a 26 week time period between commencement of divorce proceedings and the final divorce order being made although in reality most divorces will take longer because of procedural steps and court delays.

The new no-fault law is very welcome.  Some of us as practitioners were actively involved in campaigning for this law in Parliament in 1996 and were...

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