Legal reasons for divorce (a list of grounds for divorce)
Prior to April 6th 2022, and the introduction of the no-fault divorce, in the United Kingdom there was only one true ground for divorce – namely that the marriage is irretrievably broken down. The Applicant had to rely on one of five facts to evidence this:
– Unreasonable behaviour
– Two years’ separation with consent
– Five years of separation without consent
Any application issued before 31st March 2022 will proceed under the “old” law.
The Divorce, Dissolution and Separation Act 2020
On 6 April 2022, the UK government introduced the Divorce, Dissolution and Separation Act 2020. The new legislation has been designed to remove the concept of fault and the use of the legal reasons for divorce used in the past.
The introduction of the new system leaves the breakdown of a relationship as the only reason for divorce and puts an end to partners shifting blame onto each other during divorce proceedings.
The new procedure has been simplified and the divorce application can be made online.
Under the new law:
– the process should be completed within six months from the date of issuing the application.
– The previous terminology has been modernised,
Under the new system, parties have the option to either make a Sole Application or a Joint Application for divorce.
If you both agree that you want a divorce, an application can be issued jointly either online or by paper. You will be referred to as Applicant 1 or Applicant 2 as opposed to Applicant and Respondent.
A Joint Application can be converted to a Sole Application but a Sole Application cannot be changed to a Joint Application.
If only one of you wants a divorce you can make a Sole Application. You can divorce whether or not your husband/wife agrees. Under the new law, a divorce can only be defended in very limited circumstances and this does not include that they want to remain married to you.
If your husband/wife does not respond to the Acknowledgment of Service, it can make the divorce more complicated. At Henry Hyams, we can offer your guidance and advice on how to progress your divorce if this is the case.
How Henry Hyams family law solicitors can help with our divorce services
Our specialist divorce lawyers are one of the top law firms in Leeds and have the experience and expertise to guide you through any divorce proceeding that you are currently in or about to begin.
One of our divorce solicitors in Leeds, West Yorkshire, can talk you through the legal reasons for divorce. Please contact our Leeds lawyers on the email below or contact us on 0113 243 2288 for more information.
Contact our divorce solicitors in Leeds: