The Divorce, Dissolution and Separation Act 2020 - 'No-fault' divorce

Put simply, the changes to the process for getting a divorce involves five main areas of consideration.

1.) Joint or solo applications. You must decide whether you want to make a joint application with your husband or wife or whether you want to apply on your own. It normally takes at least 6 months to get a divorce. This is the same for joint and sole applications. If your husband or wife stops responding, you can continue with the divorce application as a sole applicant.

2.) Simplifying the language of divorce to make it more clear and understandable. This includes replacing the terms ‘decree nisi’, ‘decree absolute’ and ‘petitioner’, with ‘conditional order’, ‘final order’ and ‘applicant’.

3.) Replacing the requirement of specifying the ‘fact’ of separation or conduct, with a statement of irretrievable breakdown of the marriage.

4.) The possibility of disputing the decision to divorce is removed, as the statement will be conclusive evidence that the marriage has irretrievably broken down.

5.) A new minimum period of 20 weeks from the start of proceedings to a conditional order of divorce being made allows greater opportunity for couples to agree practical arrangements for the future where reconciliation is not possible.

You need to wait at least 43 days (6 weeks and 1 day) after the date of the conditional order or decree nisi before you can apply to end your marriage. Again, you can apply for a final order as a sole applicant, even if you started the divorce process jointly with your husband or wife.

Remember, you can usually avoid going to court hearings if you agree about children, money and property and a family mediator or family arbitrator can help resolve any issues.

You can still get divorced in England or Wales if all of the following are true:

• You have been married for over a year
• Your relationship has permanently broken down Your marriage is legally recognised in the UK (including same-sex marriage)