D-Day: no fault divorce dates, documents and details

Wednesday, April 6th, 2022

At a glance:

Today is being termed ‘D-day’ with the introduction of ‘no fault’ divorce expecting to open the floodgate of couples who have been waiting patiently for a more amicable way to end their relationship. Here are the important dates, documents and details to remember:

 

Dates

Today (6th April) is the first day a new ‘no fault’ divorce can be applied for. These can either be sole or joint applications and can be by the online portal or, in some circumstances, on paper.

24th August 2022 is the first date a new ‘conditional order’ can be granted on an application that gets issued today, following the introduction of the new 20-week period between starting the process and applying for the conditional order. This is then the first date a financial consent order could be submitted on one of these new cases for judicial approval.

6th October 2022 is the first date a ‘final divorce order’ can be made i.e. the earliest a new divorce can be concluded, if an application is issued today.

 

Documents

As the application no longer needs to assign blame, the form is now simpler with just a tick box that the marriage has broken down irretrievably.

You also still need to provide your original marriage certificate or certified copy.

If you have changed your name, then you will also need a copy of the statutory declaration or deed poll.

 

Details

The most important point to remember if that the divorce itself does not make any changes to a financial or child arrangements. These matters need to be resolved separately and in particular in respect of financial matters it is important to get specialist advice to avoid being prejudiced by being divorced without a financial settlement.

It is essential to seek advice on financial matters prior to any application for a final divorce order and advisable to do so at the same time the application is being prepared to allow plenty of time for agreement to be reached so there is no delay to finalising the divorce.

 

How can we help?

We have a large family team with a range of experience. We believe that family & divorce requires a rather different approach to many other areas of the law. We pride ourselves on our high level of client care and communication and will handle your case in a sensitive and professional manner. If you want to discuss any of the above in more detail or to find out more about how our team can help you, please contact one of the Family Law team on 02072280017.

 

Or contact the author:

 

Elinor Feeny, Partner

E: elinor.feeny@hanne.co.uk