Yes – Divorce law in England and Wales was radically transformed in April 2022 bringing in a new system where no blame is assigned to either party, hence the name “no-fault divorce”.
You can get divorced in England and Wales if all of the following are true:
- You’ve been married or in a civil partnership for more than one year
- Your relationship has permanently broken down
- Your marriage or civil partnership is recognised legally in the UK (including same-sex marriage)
- England or Wales is the permanent home for at least one of you.
What grounds are needed for a no-fault divorce?
The new no-fault divorce removes the need to provide evidence of conduct or separation, this is replaced with a simple requirement to give a statement of irretrievable breakdown of the marriage or civil partnership.
My ex-partner cheated on me can I divorce them for their adultery?
No, the no-fault divorce system no longer allows adultery to be used as the reason for the divorce. Similarly you can no longer use your ex-partner’s bad behaviour as the reason for the divorce. Extreme behaviour may however be relevant if there are separate court proceedings in relation to children or finances.
How long will a joint application for divorce take?
A joint application will take a minimum of 7 months. This includes a compulsory 20 week “reflection period” between the start of the proceedings and when you can apply for the conditional order. There is another 6 week waiting period between the conditional order and when you can apply for the final order.
I have set out the detailed proceed for applying for a divorce in a separate blog.
Choosing the right solicitor for your matter is crucial and we therefore offer a free initial consultation so that you can find out more about our services and decide whether we are the right fit for you.