Thinking of a 2025 Divorce

Understanding the Change in Law

The Divorce, Dissolution and Separation Act 2020, which came into effect in April 2022 brought significant changes to the divorce process in England and Wales. One of the most notable adjustments was the introduction of so called, “no-fault” divorce. The changes mean that one party or both parties can apply for a divorce without having to assign blame by confirming that the marriage has irretrievably broken down. This allows the separating couple to take a more constructive and amicable approach to divorce from the outset, setting the tone for resolving associated child arrangements and matrimonial finances.

How long will the divorce take?

You can apply for a divorce at any time, so long as you have been married for more than a year.

When starting the divorce process, you can choose to apply for the divorce as either a sole applicant or as joint applicants with your spouse. The introduction of a joint application allows for a collaborative approach and can minimise any tension.

Once the divorce application has been issued by the court, a 20 week reflection period begins. This period of reflection is designed to give both parties an opportunity to think about their relationship and any potential reconciliation.

After the reflection period, the applicant(s) can apply for a conditional order (previously known as a decree nisi). This is the midway point of the divorce.

Six weeks and one day after the date of the conditional order, you can apply for the final order (previously known as decree absolute) to end the marriage. It is not until your Final Order is made that your divorce is legally finalised and your marriage is dissolved.

It is usually good practice to resolve matrimonial finances legally by obtaining a court approved financial consent order, before you apply for the final divorce order as divorce affects pension and inheritance rights. It is also recommended that any child arrangements are considered along side the divorce, albeit child arrangements are dealt with separately to the divorce and finances.

How to enjoy Christmas during a separation

Navigating the festive season during a separation can be challenging, but it is possible to find joy and comfort. Here are some tips on how to enjoy Christmas whilst going through a separation:

Acknowledge your feelings

Allow yourself to feel and process your emotions. It is normal to experience sadness or stress during a separation and this time of year may enhance these emotions. Spend time with your friends and family who can be a support to you during this difficult period.

Create New Traditions

Embrace the opportunity to establish new traditions during this time of year. This could include new activities, new ways of celebrating or consider engaging in charitable activities.

Rest and Relaxation

While it is important be social, ensure you are not overcommitting yourself. Schedule some personal time to allow yourself to relax without the pressure of socialising. This could be watching your favorite Christmas film, reading or going on a walk.

While the festive season may be a time for celebration, it can also be a period of significant change. If you are facing the prospect of divorce, the change to the law is designed to facilitate a smoother divorce process. At Slater and Gordon we are committed to helping you navigate this legal process, and can offer a competitive fixed fee divorce service to provide peace of mind.