Divorce, Dissolution and Separation Act 2020  

The divorce process was streamlined and simplified on 6^th April 2022, when the Divorce, Dissolution and Separation Act 2020 came into force. The terminology is now more user friendly, the process is far easier, and most importantly it removes the need to assign fault to either party within the divorce application. The change has generally been welcomed by the public and legal professionals alike. It has introduced much-needed changes but has also meant that the process is slightly different than that which we have been used to for decades.

Here’s how it works, how long it will take, and what it means for you:

Before you start you should have the following prepared, whether you are completing the application yourself via the government website or instructing a solicitor:

• Your original marriage certificate or a certified copy. (If your marriage certificate is not in English you will also need a translated version)
• The Court fee of £593. (Bear in mind that if you are instructing a solicitor to assist you, their costs will be additional to the Court fee.)

The Divorce Process:

1. The divorce application: This can either be completed as a “sole application” by one party or a “joint application” by both. Applications are now completed online by the parties themselves or their solicitors. The one who completes the application is “the applicant”, the other is “the respondent”. If you chose a joint application, you are joint applicants. One or both parties must give the relevant details and confirm that the marriage has irretrievably broken down, you do not need to give any details as to why.
   

   

2. Issue and service: The application will then be processed and “issued” by the Court. This means that you will be assigned a unique case number and the respondent will be served with the divorce application and an “acknowledgement of service” document to fill in.
   

   

3. Acknowledgement of service: The Respondent will receive instructions as to how to complete the Acknowledgement of Service document. They will need to input a code into the government website divorce portal and fill in the electronic form. It does what it says on the tin, the Respondent acknowledges that they have received the documentation, and agrees that the divorce can proceed. As a result of the Divorce, Dissolution and Separation Act, there are now almost no circumstances in which the Respondent can oppose the application.
   

   

4. Conditional Order: This is the first of two Orders, and this used to be called Decree Nisi. This cannot be applied for until 20 weeks after the application was issued. This cooling off period was introduced by the Divorce, Dissolution and Separation Act. Once the cooling off period has passed, the applicant can apply for Conditional Order, and it is usually granted within a few weeks. Importantly, no financial agreement can be sent to the Court for a Judge’s approval and no financial Order can be made by a Judge as part of Court proceedings until Conditional Order has been granted.
5. Final Order: Once 6 weeks and 1 day has passed since the Conditional Order was granted, the applicant can apply for the “Final Order”. This Order dissolves the marriage and is the final step in the process, hence the name (it used to be called Decree Absolute). Final Order is often not obtained until the matrimonial finances have been dealt with, either by agreement or as part of Court proceedings.

The new procedure means that divorce will take a minimum of 26 weeks from start to finish. However, dealing with financial matters often means that it can take longer. This is usually only when there are difficulties in reaching a financial settlement.

If you would like specialist advice regarding the divorce process or anything else family law related, please e mail us (enquiries@beechamfisher.co.uk) or give us a call (01702 348 384) and Tom, Debbie or Angela would be more than happy help you.