{"id":2424,"date":"2022-09-21T10:39:10","date_gmt":"2022-09-21T10:39:10","guid":{"rendered":"https:\/\/family-matters.co.uk\/?p=2424"},"modified":"2022-09-21T10:39:10","modified_gmt":"2022-09-21T10:39:10","slug":"how-does-the-online-divorce-process-work-write-a-will","status":"publish","type":"post","link":"https:\/\/family-matters.co.uk\/uncategorized\/how-does-the-online-divorce-process-work-write-a-will\/","title":{"rendered":"How Does The Online Divorce Process Work?"},"content":{"rendered":"

On 6 April 2022, <\/span>the Divorce, Dissolution and Separation Act 2020 <\/span><\/a>came into force. This is\u00a0 a new era for the law on divorce and civil partnership dissolution. Write a will HERE.<\/i><\/b><\/a><\/span><\/p>\n

Under the previous law, there was only one ground for divorce; the irretrievable breakdown of the marriage. This was evidenced by one of 5 \u2018facts\u2019, either:<\/span><\/p>\n

    \n
  1. Adultery (divorce only)<\/span><\/li>\n
  2. The \u2018unreasonable behaviour\u2019 of the other party<\/span><\/li>\n
  3. Desertion<\/span><\/li>\n
  4. Two years\u2019 separation with consent<\/span><\/li>\n
  5. Five years\u2019 separation.<\/span><\/li>\n<\/ol>\n

    Of the five, the most common \u2018fact\u2019 was unreasonable behaviour as, often, the other facts were inapplicable. This, like adultery and the rarely-cited desertion, forced the parties to allocate blame for the breakdown. Either this or wait two or even five years to end the marriage. This would create additional and unnecessary hostility throughout the process.<\/span><\/p>\n

    If you do not<\/i><\/b> write a will<\/i><\/b><\/a>, then until your divorce is finalised, your spouse will inherit a substantial portion of your estate. Write a will today with our will writing service<\/i><\/b><\/p>\n

    Owens V Owens<\/span><\/h2>\n

    The campaign for no fault divorce reached a climax in July 2018 following the Supreme Court\u2019s judgement in <\/span>Owens v Owens<\/span><\/i><\/a> [2018] UKSC 41 (25 July 2018).<\/span><\/i><\/p>\n

    In this case, Mrs Owens petitioned for divorce on the basis of Mr Owens\u2019 behaviour. Mrs Owens\u2019 particulars of Mr Owens\u2019 behaviour were somewhat benign in accordance with standard practice. As a result, Mr Owens was able successfully to defend the petition. The parties therefore remained married until Mrs Owens could petition on the basis of five years\u2019 separation.<\/span><\/p>\n

    Lady Hale <\/span><\/a>described the case as \u201cvery troubling\u201d and the reaction was swift; the Ministry of Justice sought to reform the system through legislation, the limitations of the law having been exhibited clearly.\u00a0<\/span><\/p>\n

    The New Legislation<\/span><\/h2>\n

    So what has changed?\u00a0<\/span><\/p>\n

    Now, the only ground for divorce, dissolution or judicial separation remains \u201cirretrievable breakdown\u201d.<\/span><\/p>\n

    The facts stated at the beginning of this article have now been replaced by a statement that a marriage or civil partnership has broken down irretrievably. This is sufficient and conclusive evidence of the breakdown. Applications can only be disputed on jurisdictional grounds or because the validity of the legal union is in doubt.<\/span><\/p>\n

    These conditions apply for divorces in England and Wales only. They vary for divorces in Scotland and Northern Ireland. If you are seeking to end a civil partnership you must also apply to court.\u00a0<\/span><\/p>\n

    The conditions are now:<\/b><\/p>\n

      \n
    1. You need to have been married for at least one year<\/span><\/li>\n
    2. Your marriage must be legally recognised in UK and,<\/span><\/li>\n
    3. It must have irretrievably broken down.<\/span><\/li>\n<\/ol>\n

      The final divorce or dissolution order will still cause the former spouse or civil partner to be considered as having predeceased a testator or intestate on the date of the order <\/span>(<\/span><\/i>Wills Act 1837<\/span><\/i><\/a>, ss18A-18B).<\/span><\/i><\/p>\n

      Petitions issued before 6 April 2022 will continue under the old law.<\/span><\/p>\n

      If you did <\/i><\/b>write a will<\/i><\/b><\/a> in the past, it is still valid regardless of whether your divorce has been finalised. Until the <\/i><\/b>conditional divorce order and the final divorce order<\/i><\/b> has been granted, your soon-to-be-ex spouse inherits a substantial, if not all, of your estate. This is because any gifts set out in your will to them will still take effect. <\/i><\/b>Write a will<\/i><\/b><\/a> today with our will writing service<\/i><\/b><\/p>\n

      New Terminology<\/span><\/h2>\n

      Outdated terminology has been removed to make the process more accessible.<\/span><\/p>\n