Five ways to get a divorce change as thousands more apply due to new law

A new no-fault divorce law has been introduced in England and Wales, triggering 3,000 separation applications – a 50% increase

New changes in divorce laws have been introduced

Five major changes to divorce rules have been unveiled as a new law sees thousands more apply.

A new drama titled The Split has shown that a mess-free divorce isn’t always possible.

It follows the Defoe family, who work in divorce law, and chronicles the distress and unnecessary complications when couples want to break up.

A new no-fault divorce law has, however, been introduced in England and Wales, triggering 3,000 separation applications, an increase of 50%.

Legal experts aren’t surprised at the surge in demands as it should now be easier for couples to agree on finances, assets and the future of their children, according to the BPP University Faculty of Law .

BirminghamLive has revealed the changes that will affect married people seeking a divorce.







New divorce laws mean one person doesn’t have to blame another
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Five major rule changes with the new divorce law

The introduction of no-fault divorce this month (April) was the most significant change to divorce law since 1969.

The law means couples can divorce without one person having to blame the other. This change also applies to the dissolution of the civil partnership.

It is also no longer possible to challenge a divorce or the dissolution of a civil partnership – unless it is on the basis of jurisdiction. In divorce law, the jurisdiction is the country in which the legal proceedings relating to your divorce, financial matters and arrangements concerning children will be handled.







Law firms say divorce filings have increased massively
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If your marriage has an international element, the question of jurisdiction will arise in the event of a divorce, explained the law firm Mills & Reeve.

Here is a breakdown of the divorce law reforms:

1. Divorce can be granted without one person blaming another

Removing fault or blame from the divorce process is the most important element of no-fault divorce. Couples can divorce solely on the basis of marriage breakdown, without needing to cite any of the 5 reasons that were previously required.







Couples can now file for divorce together
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2. It is no longer possible to contest a divorce

One of the most significant changes from the law reform is that now a divorce or the dissolution of a civil partnership can only be challenged on the basis of jurisdiction. Under the old system, a person filed for divorce citing their spouse’s behavior or a period of separation as the reason for the divorce, and their spouse could challenge that.

3. Couples can file for divorce jointly

Under the old divorce laws, only one person had to initiate divorce proceedings against the other, called the petitioner. However, under the new no-fault divorce system, the application can be made by one person (called the applicant) or both people can apply jointly.

4. A minimum period of 26 weeks between the request and the final order







There is a minimum time limit for divorce proceedings
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A minimum period of 20 weeks has been introduced between the filing of the request and the final order requested.

This minimum period of 20 weeks also applies between the issuance of the request and the conditional order requested.

Then, an additional period of six weeks and one day must elapse between the conditional order and the request for a final order.

The delay was introduced to counter concerns that the reforms would make divorce a faster and easier option for couples than trying to salvage their relationship.







Divorce terminology has been updated
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5. Divorce terminology has been updated

The person filing for divorce is now called the plaintiff, instead of the petitioner. Whereas the nisi decree is now called the conditional order and the absolute decree is now called the definitive order.

BPP University Faculty of Law said: “For couples who wish to make a clean break without the drama and mess that a divorce can cause, this new law provides a humane way out. Highlighting the distress and unnecessary delays caused by the old system based on blame, a partner, or acting together, can now file for divorce, without having to give cause or blame.

One in five Britons adults admit to having an affair, but ending the ‘blame game’ will help people rebuild their lives and protect children.

One of the biggest obstacles to the process is the involvement of children and money. However, judges will now step in to resolve disputes over children, alimony or the fair distribution of wealth.

“Divorce can also be a long process – and many couples will want to get it over with. Usually there is a 20-week period between the start of the process and the request for a nisi – plus an additional period of six weeks before a divorce is granted.

“A survey In 2019, nearly a quarter of people believe moving will make divorce cheaper, and nearly one in five believe it will lead to more divorces, which we’ve already seen happen.

“Hopefully, no-fault divorce will set a less bitter tone and culture, allowing couples and lawyers to focus more on resolving financial issues and children – the things that matter most.”

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