Some practical pitfalls with England's new divorce law

From 6 April 2022 England and Wales has a new divorce law so-called no-fault.  It is the most significant divorce law change since 1969.  It introduces an entirely new basis of obtaining a divorce and a new timetable.  It will have different consequences for the applicant and the respondent.  It allows joint petitions and joint applications for the final divorce.  Service will be invariably by email as default service method.  In any event divorce itself is now an almost entirely online process.  Nevertheless however welcome this new law there are significant flaws in its operation and application particularly with the adverse impact on the respondent. This note looks at some of these pitfalls in practice

The new divorce law

England’s new divorce law comes into force on 6 April 2022. I have written more extensively about the legislation itself here and about the rules here. 

I was on a working party of the Law Society which was very involved in commenting on the draft legislation in Parliament and then on the rules. Some of our comments were taken on board and some not...

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