Going through a divorce can be difficult but it has become easier and less complicated because of recent changes made in the law. The last official stats show that there were 27,908 divorces granted in England and Wales from January to March 2024.

The changes in divorce law represent a significant milestone in terms of creating a more caring and understanding framework around marriage dissolution. By eliminating the requirement of blame and permitting joint applications, these new provisions facilitate easier and more dignified transitions for couples during difficult times like this one. If you’re thinking about getting divorced, here’s what you need to know about no-fault divorces in 2024.

What was the old divorce law?

In the past, getting divorced meant giving specific reasons – such as adultery or unreasonable behaviour. If you were separated for two years, you could apply without mentioning any reason as long as your partner agreed. If you couldn’t get permission from your partner, you’d have to wait until you had been separated for five years to get an uncontested divorce.

What is the new divorce law?

Now, it is much simpler. All either person must say is that their marriage has irretrievably broken down. There is absolutely no need to assign blame or prove fault.

Both people can apply jointly for a divorce, as well as individually. After issue, they must wait at least 20 weeks until they can proceed to the next step and apply for the conditional order, and then a further 6 weeks to the final order which ends the marriage. You may still have other issues outstanding such as the division of assets.

To qualify and file for a divorce you must:

• Have had a legally recognized marriage within UK jurisdiction.
• Married for over one year
• Declare that your marriage has irretrievably broken down

This includes marriages between same-sex couples.

It now takes approximately 20 weeks from application (previously known as ‘petition’) until conditional order (formerly ‘decree nisi’).

Following this step, there is an additional six-week wait before the final order(formerly called ‘decree absolute’) can be granted which officially ends your marriage.

As shown above, legal jargon used around divorce has changed to make it more understandable:

• Decree nisi is now Conditional order
• Decree absolute is now Final order

Petitioner is now Applicant.

The revised laws regarding divorce aim at reducing conflict by focusing on all parties involved especially children’s welfare.

Aidan Jones, Chief Executive at relationships charity Relate commented:

“The new legislation represents the biggest shake-up in divorce law for 50 years. It is an important step in moving away from animosity and blame being the norm, to a place where the welfare of those involved – particularly children – is at the forefront of the process. Introducing a minimum time from petition stage to ‘Decree Absolute’ is also welcome, allowing both partners to reflect on the decision and to access support such as counselling and mediation if appropriate.”

Couples who remain amicable can benefit from these new laws because they allow joint applications for divorce. This provision helps with co-parenting by reducing stress and trauma associated with separation.

In the UK contesting a divorce usually only happens if someone disputes the jurisdiction (the location) of a case.

Generally, one or both parties must have habitually lived within England/Wales. However, the rules relating to jurisdiction can be a little confusing so if in doubt, you should seek legal advice.

While the new divorce laws have changed, it is often helpful to get professional advice. Birchall Blackburn Law provides free 20-minute consultations and fixed-fee initial meetings to examine your position. For more details please call 0800 614 722 or email enquiries@birchallblackburn.co.uk