How to make an application for an amicable divorce

March 13th 2024

After a long campaign to reform divorce laws that were over fifty years old, the law relating to divorce changed in 2022, leading to the introduction of the no-fault divorce. The new divorce process means that couples are now able to divorce in an amicable way, as the need to assign blame has been removed. 

Under the old law, unless a couple had been separated for at least two years, they could only obtain a divorce if one of the parties could prove that the marriage had irretrievably broken down, by citing one of the five specific reasons, such as unreasonable behaviour or adultery. This effectively required one party to place blame on another. 

Another change to the divorce process is that the divorce application can be made on a sole or joint basis. Applying for a divorce on a joint basis can make the process more amicable, as neither party is ‘against’ the other. 

The new no-fault divorce law allows couples to divorce without one of the parties having to blame the other for their actions. The parties now simply have to state that their marriage has irretrievably broken down. The new process demonstrates an important shift away from the old blame-filled and contentious process, which often led to a hostile relationship between divorcing couples, particularly when dealing with the separation of their finances or arrangements for the children. 

How can I keep matters amicable with the matrimonial finances and the arrangements for our children?

When considering the matrimonial finances, or the arrangements for the children, often out of court dispute resolution is a sensible first step when matters are amicable between you and your former partner. There are various methods of out of court dispute resolution, such as mediation, arbitration, or attending a round table meeting. Here at SE-Solicitors, we are able to offer a new service called Divorce Together, as well as mediation. Both out of court dispute resolution options can be less confrontational, as it allows open discussions in a safe space with a view to reaching an outcome in a more amicable manner. Read more about Divorce Together