New divorce law uk
In the UK, the divorce law has undergone significant changes in recent years. Here are some key updates:
No-Fault Divorce
As of April 6, 2022, the UK introduced a no-fault divorce system, which means that couples can divorce without assigning blame or fault to either party. This change aims to reduce conflict and stress during the divorce process.
How to get a divorce under the new law
To get a divorce under the new law, you will need to:
- Meet the residency requirement: You must have been a resident in England or Wales for at least one year before filing for divorce.
- File a divorce petition: You will need to file a divorce petition with the court, stating that your marriage has broken down irretrievably.
- Wait 20 weeks: You will need to wait 20 weeks from the date of filing the petition before the divorce can be finalized.
- Obtain a decree nisi: The court will issue a decree nisi, which is a provisional divorce order.
- Wait another 6 weeks: You will need to wait another 6 weeks before the divorce can be finalized with a decree absolute.
Other changes
Some other changes to the divorce law in the UK include:
- Removing the need for a "fact": Under the old law, couples had to provide evidence of their spouse's adultery, unreasonable behavior, or desertion. This requirement has been removed, making the process simpler and less confrontational.
- Reducing the need for mediation: While mediation is still encouraged, couples are no longer required to attend a mediation information and assessment meeting (MIAM) before filing for divorce.
- Simplifying the process: The new law aims to simplify the divorce process, making it easier and less stressful for couples to navigate.
What remains the same
Some aspects of the divorce law in the UK remain unchanged, including:
- Grounds for divorce: While the grounds for divorce have changed, couples can still divorce on the basis of irretrievable breakdown of the marriage.
- Financial settlements: The rules for financial settlements, such as spousal maintenance and property division, remain the same.
- Child arrangements: The rules for child arrangements, including child custody and access, remain the same.
It's essential to note that while the divorce law has changed, the process can still be complex and emotionally challenging. It's recommended that couples seek legal advice to ensure they understand their rights and obligations under the new law.