NO FAULT DIVORCE Q & A
I have read that Divorce Law has changed recently, is that true?
The Divorce, Dissolution and Separation Bill was given Royal Assent on 25th June 2020, meaning the Bill was converted into a new Act of Law. There will be no fault Divorce in this country, but not just yet.
If you are thinking of waiting until this fully comes into effect, then you may have a while to wait I am afraid. The proposed timescale for full integration and implementation is the spring of 2022 at the earliest. That means you would have to wait another few months to rely upon a no fault divorce petition. If you do not want to leave matters that long, you can petition for a divorce on one of the existing grounds now.
What are the existing grounds for a divorce?
There is currently only one ground for divorce in England and Wales and that is your marriage has broken down ‘irretrievably’ which means beyond repair. You can rely upon one or more of 5 facts or ‘grounds’ for a divorce. They are, Adultery, Unreasonable Behaviour, Desertion, 2 Year Separation with Consent of the other spouse and 5 Year Separation without Consent of the other spouse.
How long does it take?
The process of dissolving a marriage should not take any longer than 5-7 months. It is unlikely you will need to attend court in person, it is largely a paper exercise that can be completed without a court hearing.
How much does a divorce cost?
Unless you are exempt from having to pay the court fee you will have to pay the court £593 to start your divorce. You can normally agree a fixed fee with a solicitor to do all the paperwork for you that should not exceed £1,000.