Divorce Proceedings over the Christmas Holidays
Divorce Proceedings over the Christmas Holidays
Christmas is unfortunately not always the most wonderful time of the year. The divorce rate often sees a spike over the festive period, as Kent Legal explain.
We serve divorce proceedings daily, Many people won’t sign or respond to the court proceedings, the ONLY way you can proceed is to have the papers personally served on the respondent.
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Official statistics show that there were 455 online divorce applications submitted to HM Courts & Tribunals Service between Christmas Eve and New Year’s Day in 2019, with 13 of those completing the application on Christmas Day.
Whilst Christmas is usually a happy occasion for most, the festive period can cause additional pressure, both financially and emotionally, and exacerbate any pre-existing marital issues which may ultimately be the straw that broke the camel’s back in an already strained relationship.
No fault divorce UK – what is no-fault divorce?
Everything you need to know about no fault divorce in the UK
When will no fault divorce begin in the UK ?
The new law was implemented on 6th April 2022. Under this new law, couples no longer need to use one of the five facts for divorce (desertion, adultery, unreasonable behaviour, 2 years separation with consent or 5 years separation without consent), instead they make a declaration that the marriage has irretrievably broken down.
What does a no fault divorce mean ?
The new divorce law simplifies the process of divorce and removes the option to contest the divorce. The main changes are detailed below:
- The parties need only produce a statement of irretrievable breakdown – no blame will be apportioned
- An application for divorce can be made jointly or by a sole applicant
- The option of contesting the divorce has been removed
- Terminology has changed: Decree Nisi is now a Conditional Order and Decree Absolute a Final Order.
- There is now a period of reflection – a minimum of 20 weeks – from when the application for divorce is made to when a Conditional Order can be made. This provides a period of reflection for the parties to consider their decision.
On 6 April 2022, no fault divorce was introduced in England and Wales. This is part of a number of changes to UK divorce law brought in by the Divorce, Dissolution and Separation Act 2020, which were effective from this date.
No fault divorce allows couples to end their marriage or civil partnership without having to blame each other for the breakdown of their relationship. It also removes the possibility of one spouse contesting the divorce, which can potentially leave the other spouse waiting years to be able to have an uncontested divorce.
The changes to UK divorce law significantly alter and simplify the process of getting divorced in England and Wales, while also applying to civil partnership dissolution. If you are considering getting divorced, it is important to understand the changes that are being made and how they will impact your divorce.
This continues to be the law in England and Wales, In June 2020, the government passed the Divorce, Dissolution and Separation Act 2020 to remove the concept of a ‘fault based divorce’.
The Divorce, Dissolution and Separation Act 2020 reforms the divorce process to remove the concept of fault. Many legal professionals felt that divorce law was out of date, particularly following the 2018 Owens v Owens case. The act was passed in June 2020 and came into force on 6 April 2022.
We serve divorce proceedings daily, Many people won’t sign or respond to the court proceedings, the ONLY way you can proceed is to have the papers personally served on the respondent.
