Divorce & Separation

Since 6 April 2022, the law on divorce in England and Wales has changed significantly. Under the Divorce, Dissolution and Separation Act 2020, couples can now divorce without having to apportion blame or establish fault. Applications can be made solely or jointly, and the irretrievable breakdown of the marriage is the sole ground for divorce. This means the process is generally less adversarial and less distressing than it was under the old law.

• Sole or joint application for divorce
• No requirement to establish fault or blame
• Irretrievable breakdown of the marriage is the only ground
• A 20-week reflection period runs from the start of proceedings
• Conditional order (formerly decree nisi) granted after the reflection period
• Final order (formerly decree absolute) ends the marriage — can be applied for six weeks after the conditional order
• Minimum total duration of approximately 26 weeks from start to finish

A divorce order formally ends your marriage but does not deal with the financial aspects of your separation — the division of assets, property, pensions and maintenance. These matters must be addressed separately, either by agreement through a consent order or through financial remedy proceedings. It is important not to obtain your final order before financial matters are resolved, as this can affect certain claims. Our solicitors will advise you on the correct sequencing of proceedings.

If you and your spouse wish to separate but are not yet ready to divorce — for example, for religious or personal reasons — a separation agreement can record your agreed arrangements in relation to finances, property and children. Alternatively, an application for judicial separation can be made to the court. Our solicitors can advise on the most appropriate option for your circumstances.

• Drafting and reviewing separation agreements
• Advice on the legal effect of separation agreements
• Judicial separation applications
• Dissolution of civil partnerships