What is the new divorce law in the UK?
Under the Divorce, Dissolution and Separation Act 2020 the process for a divorce was reformed and now couples can make joint applications which encourages the process to be conducted in an amicable manner.
The parties must agree that the marriage has irretrievably broken down, yet there is no obligation, under the new law, to rely on conduct to prove this. Importantly, this has allowed the new process to begin in a less accusatory manner and helps the couple focus on the future such as dealing with child arrangements and finances. This allows more interaction with dispute resolution which aims to settle cases without the costly and sometimes hostile pressures that come from extended court proceedings. In particular, Nantes Solicitors offers a new service called ‘Separate Together’ which enables a couple to work together with one solicitor.
Divorce procedure
The divorce process is started by completing an Application for Divorce (a D8 form) and it is possible for a couple to make a joint application, which was not possible under the old law.
Once the Application for Divorce has been completed, the applicant must wait 20 weeks before they are able to apply for a Conditional Order of Divorce which was formally know as a Decree Nisi.
Upon receiving the Conditional Order of Divorce from the court, the applicant must wait 6 weeks and one day before applying for the Final Order of Divorce with a form D36, which was formally known as a Decree Absolute. From this point, the marriage has been legally ended. Once the Final Order of Divorce has been made by the court, the marriage has legally come to an end.
Financial Settlement
A Matrimonial Financial Settlement is binding upon the parties once it has been ordered by a court. Without a financial order, either party could claim against the other even after the order of divorce. In many cases, a Clean Break Order is preferable as it gives both parties complete financial separation moving forward.
One of the key benefits of the new divorce law is the more amicable approach it prioritises. This is particularly useful in the financial settlement process where voluntary financial disclosure between parties can facilitate a clear understanding of the value of the matrimonial pot to enable a settlement to be reached. Parties reaching agreement in a more amicable manner reduces time-delays and cost.
With the amicable approach to all stages of divorce that the new law offers, there have also been developments in the way that parties can communicate and obtain legal advice.
Parties are encouraged to avoid contested court proceedings in respect of finances and children issues. Alternative dispute resolution should be considered, and this can take many forms such as mediation and arbitration.
Nantes offers the ‘Separate Together’ pathway which allows one solicitor to work jointly with a couple through their divorce or separation. This means all stages of the divorce can be considered in a non-adversarial manner with the best interests of the couple and any children at the heart of discussions.
The process
In some cases, court proceedings cannot be avoided which can be very expensive. However, ‘Separate Together’ fully takes advantage of the more amicable approach promoted by the new law and allows dispute resolution to be more productive for both parties involved. Separate Together can substantially reduce the cost of divorce and Nantes offer transparent, fixed fees.
The couple will initially meet with their shared solicitor one to one, but all subsequent meetings will be conducted jointly. From this point, the meetings will be focused on coming to an agreement regarding child arrangements, finances, and anything else necessary in the separation process.
As with other forms of dispute resolution, ‘Separate Together’ will not be appropriate for all couples, but it may be the right approach for those looking to work together in an open, amicable manner.
The position of divorcees under the new law
‘The waiting period’
Under the new law, a frequent complaint is the seemingly unnecessary 20 week plus 6 weeks and one day waiting period. Whilst the time frame is lengthy, divorce will have a deep impact upon the lives of the couple involved as well as any children and other family members, so it is vital that proceedings are not rushed and that they are drafted correctly.
Digitisation
Divorce applications under the new law are generally submitted entirely online as opposed to the old law which was more paper-based. During the first quarter of 2023, 96% of all divorce cases were processed digitally as opposed to 88% in 2022. Inevitably, digital submission is quicker than paper submission.1
Conclusion
The switch to no-fault divorce has helped to reduce the antagonistic and hostile pressure so often associated with divorce cases. Of course, whilst there remains a proportion of cases which inevitably need the assistance of the court to reach a settlement, the move away from a fault-based approach has gone a considerable way in supporting family and child-based outcomes.
If you have divorce questions or would like to know more about our ‘Separate Together‘ service then please contact Nantes Solicitors today.
1 K. Johnson. ‘New divorce legislation sees 15% surge in final orders, data reveals’. Today’s Family Lawyer.
