Divorce Law

Divorce law in England and Wales has changed significantly. It is no longer necessary to prove adultery, unreasonable behaviour, desertion or a period of separation to apply for a divorce. The current system is commonly known as no fault divorce.

To apply for a divorce in England or Wales, you must usually have been married for more than one year, the marriage must be legally recognised in the UK, and the relationship must have permanently broken down. The application is made on the basis that the marriage has broken down irretrievably.

No Fault Divorce

Under the current divorce process, one spouse can apply for a divorce, or both spouses can make a joint application. The applicant does not have to blame the other person or set out allegations about conduct during the marriage.

This means that adultery, unreasonable behaviour and separation are no longer used as legal grounds for starting a divorce in England and Wales. The court is generally concerned with whether the legal requirements for divorce have been met, rather than deciding who was at fault for the end of the relationship.

Can a Divorce Be Contested?

Under the current system, it is much harder to dispute the divorce itself. A divorce application will usually be challengeable only on limited grounds, such as whether the court has jurisdiction, whether the marriage is valid, whether the marriage has already legally ended, or whether there has been a procedural problem.

This is different from the old system, where one party could contest the allegations relied on by the other. The change was introduced to reduce conflict and avoid forcing separating couples to assign blame to end the marriage.

The Divorce Process

The divorce process includes an application, a reflection period, a conditional order and a final order. The final order legally ends the marriage. The divorce itself does not automatically resolve financial matters, property ownership, pensions or arrangements for children.

It is important to handle financial arrangements separately, even when both parties agree to the divorce. Without a properly approved financial order, financial claims between former spouses may remain open in some circumstances.

Financial Arrangements and Children

A divorce ends the legal marriage, but it does not by itself decide how assets should be divided or what arrangements should be made for children. Issues such as the family home, savings, pensions, debts, maintenance and child arrangements may need to be agreed separately or decided by the court.

A family law solicitor can advise on divorce, financial settlements, consent orders, child arrangements and the practical steps needed to bring matters to a proper conclusion.

Scotland and Northern Ireland

Divorce law is different in Scotland and Northern Ireland. If your divorce is connected with Scotland or Northern Ireland, you should check the rules that apply in that jurisdiction or speak to a family law solicitor who deals with divorce law in that area.

Find a Divorce Solicitor

To find a solicitor who may be able to help with divorce, financial arrangements or child arrangements, use the search facility, select Family Law and enter your location.