Divorce terminology, essential divorce law and Rules
A Divorce or Civil Partnership Dissolution is on the sole ground that the relationship has irretrievably broken down (see form D8 section 6).
You do not have to provide evidence to prove this.
The ground of irretrievable breakdown is proven by the unilateral filing of a statement by one person to the marriage, or both parties, asserting that the marriage has broken down- (D8 if on paper).
The court must take the statement to be conclusive of irretrievable breakdown. No proof is required.
An application for divorce or dissolution on form D8 can only be made if you have been in your marriage or civil partnership for at least one year
The aim of the ‘new language of divorce’ has changed. You decide whether it has made it simpler and more accessible to those outside the legal profession (You will read in the section about pitfalls, the new no-fault divorce law is far from perfect).
A Divorce application replaces a divorce petition.
This is the physical document/digital form submitted to the court to apply for a divorce
A Conditional order replaces the Decree Nisi
A conditional order is a document that says that the court does not see any reason why you cannot divorce, end a civil partnership or annul the marriage
This can be applied for after the 20 week period from issuing the divorce application has expired.
A Final order replaces the Decree Absolute
A final order is the legal document that ends the marriage/civil partnership.
43 days (6 weeks and 1 day) must pass from date of the conditional order before a final order can be applied for.
Please keep this document safe because you may need it to change your passport, driving licence and vehicle registration, for example
Disputed proceedings
There are a few grounds for defending the divorce application. See section 5 – Q&A– Can I dispute the divorce application?
Separation order
A separation order confirms that the parties to a marriage/civil partnership are legally separated.
Nullity order
A nullity or marriage order declares that the marriage is void or voidable which means that no valid marriage exists or existed between the parties
The Divorce, Dissolution and Separation Act 2020 (DDSA 2020) came into effect on the 6th April 2022
The divorce process is governed by the Family Procedure Rules 2010 and mainly Part 7.
These rules currently look very similar to the existing Rules governing the old divorce law. Some of these are referred to in this chapter. If you are interested or need to refer to them, you will find them in the resources section.
On to section 4-things you need to know before you start divorce proceedings?