06.04.2022 Views

Gordons No fault Divorce Guide

From 6th April 2022, all divorces, dissolutions and judicial separations will be subject to new law and new court rules. This is the start of “no-fault” divorce. The new law applies to Civil Partnerships as well as marriages. Here is everything you need to know.

From 6th April 2022, all divorces, dissolutions and judicial separations will be subject to new law and new court rules. This is the start of “no-fault” divorce. The new law applies to Civil Partnerships as well as marriages. Here is everything you need to know.

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A Law Firm with a<br />

Different Perspective<br />

<strong>No</strong>-Fault <strong>Divorce</strong> - 6th April 2022<br />

www.gordonsols.co.uk


What is no-<strong>fault</strong> divorce?<br />

<strong>No</strong>-<strong>fault</strong> divorce has transformed the divorce<br />

process as we know it traditionally.<br />

There have been various updates and<br />

amendments to the law in order to address<br />

long-standing concerns regarding the need to<br />

allege <strong>fault</strong>, outdated terminology and an<br />

overall confrontational tone.<br />

Inevitably, some divorces will likely remain<br />

highly contentious, but even in the worst cases,<br />

it is hoped that the new law will save some time<br />

and legal costs.<br />

What are the key changes brought by no<strong>fault</strong><br />

divorce?<br />

The requirement to allege and prove conduct or separation grounds has<br />

been removed.<br />

A statement of 'irretrievable breakdown' is the only basis for divorce or<br />

dissolution.<br />

There is no ability to defend or cross-petition for technical reasons.<br />

It is possible for both parties to apply jointly for a divorce or dissolution.<br />

There is a new 26-week minimum timeframe for a divorce or dissolution<br />

starting from the date an application is made.<br />

There is no automatic application for legal costs.<br />

A separate application (with an additional court fee) must be made for a<br />

costs order.<br />

Click here to learn about the important changes to the law of divorce and separation.


What are the changes to<br />

the terminology?<br />

The Petition is now called An Application<br />

The Petitioner is now The Applicant<br />

Decree Nisi is now a Conditional Order<br />

Decree Absolute is now a Final Order<br />

Judicial Separation Decree is now a Judicial Separation Order<br />

Where there are joint applicants, these are to be called Applicant 1 and<br />

Applicant 2.<br />

The responding party to a Sole Application will still be called a Respondent.<br />

What will a divorce cost?<br />

The legal costs of submitting sole or joint<br />

applications will be in the region of £450 +<br />

VAT.<br />

The court fee remains £593, and this will be<br />

shared by the parties but will depend on the<br />

financial resources available for each party.<br />

What is the new procedure?<br />

Where one party is represented by a lawyer, the Application must<br />

be made via the Court Service online portal.<br />

Applications can be sole or joint, and the procedure slightly differs<br />

depending on whether the Application is a sole or joint one.<br />

For those without lawyers, paper Applications can be made.<br />

Click here to learn about how no-<strong>fault</strong> divorce is different to traditional divorce.


How can <strong>Gordons</strong> Partnership<br />

Family Solicitors help?<br />

The expert Family Solicitors at <strong>Gordons</strong><br />

Partnership are here to support you<br />

through difficult times. They can advise<br />

you on various family-related issues,<br />

including;<br />

no-<strong>fault</strong> divorce<br />

finances on divorce<br />

children's arrangements<br />

pre and postnuptial agreements.<br />

How do I get in touch?<br />

To speak to a member of our excellent family team, email us at<br />

sols@gordonsols.co.uk.<br />

Alternatively, call us on 020 7421 9421 (London) or 01483 451900 (Guildford).<br />

For more information about divorce, head to our website, gordonsols.co.uk<br />

London<br />

22 Great James Street,<br />

London, WC1N 3ES<br />

Telephone: 020 7421 9421<br />

Guildford<br />

Edgeborough House, Upper Edgeborough Road<br />

Guildford, GU1 2BJ<br />

Telephone: 01483 451900<br />

<br />

Email: sols@gordonsols.co.uk<br />

<br />

<strong>Gordons</strong> is the trading name of <strong>Gordons</strong> Partnership LLP, registered in England & Wales.<br />

(OC307353). Our partners are the Members of the LLP, and our London office is its registered

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