Applying for a 'no fault' divorce under the new legislation

Applying for a 'no fault' divorce under the new legislation

Finalising your divorce used to be called the decree Nisi. Under the new legislation, this is now called a ‘final order.’

How you apply depends on when the court issued your divorce application. To end your marriage and finalise your divorce you must apply for either:

1.) A final order 2.) A decree absolute. This is if the court issued your divorce application before 6 April 2022 (when the new legislation came into force).

Remember, if you want a legally binding arrangement for dividing money and property, or looking at child(ren) issues, you must apply to the court for this before you apply for a final order or decree absolute.

If you applied as a sole applicant and you do not apply to finalise the divorce, then your husband or wife can apply if you do not. They will have to wait an extra three months to do this in addition to the standard 43 days.

Resolution, an organisation of family justice professionals committed to improving outcomes for couples and families, has hailed the reforming legislation saying that “this historic change will mean the end of the blame game for divorcing couples”.

You can read more on getting a divorce at the gov.uk website: https://www.gov.uk/get-a-divorce