The introduction of the long awaited no fault basis for divorce in the UK on 6 April 2022 brings a significant change in that couples can apply jointly for a divorce, rather than one applying to divorce the other. But what should you be aware of if you are the respondent?
This is a brand new development and means it is important for the couple, where possible, to discuss in advance how they are going to start the process.
If it is a mutual decision they can now jointly apply for a divorce if they would prefer to act together to end their marriage. If you think your spouse might start a divorce process, it would therefore be worth talking to them about this in advance.
The divorce itself is all going to be done online via the new government portal. If your spouse applies for a divorce order solely, then you must be notified of the application within 28 days of it being processed by the court. This is usually done by the court but you may receive notice from your spouse which should be sent to you by email and by post to confirm that the email has been sent.
You will have to then log into the court portal to respond to the application.
Applying for conditional order as a Respondent
There is a new minimum period of 20 weeks between the date the court processes your spouse’s application for a divorce order before they can then apply for a conditional order. If you had made the original application jointly, you would also need to apply for the conditional order jointly.
The conditional order is what used to be known as the decree nisi and is the first stage of divorce. It opens up the court’s powers to make financial orders. Alongside the divorce process, you and your spouse will need to ensure you formally record how you are resolving your finances in a separate financial court order as well as getting the final divorce order. Otherwise, your financial claims against each other would remain open so that your assets, pensions and income could be shared with your spouse long into the future, even if you divide them when you divorce.
Once the conditional order has been made, there is a minimum period of 6 weeks before the Applicant can apply for the final divorce order, which used to be known as decree absolute. That is the order which changes your legal status from a married couple in life and from being each other’s widow/widower in the event of the death of one of you. Normally that is only applied for once financial matters have been resolved and you have an enforceable financial order.
In limited circumstances, you could apply to delay the divorce from concluding if you feel you would suffer financial hardship as a result. That is only possible in very rare circumstances. If your spouse is the applicant and fails to apply for the final divorce order you can apply 3 months after they could.
When the final order is applied for by either of you, the applicant or respondent, 14 days notice has to be given to the other, so you will be informed it is happening.
If a pension sharing order is being made in favour of you or your spouse as part of the financial settlement, the final order in the divorce should only be applied for 28 days after the financial order was made so that it is effective if the main pension holder dies.
If you would like to discuss your divorce, please get in touch with our Family team who would be happy to assist you.