Understanding Changes in Sole Divorce Applications Process

Dealing with sole applications Graeme Fraser Member of FPRC and NC Monday 4th April

When and why to use sole applications New process commences at 10am this Wednesday (06.04.22) Divorce applications can be made jointly or individually Individual applications more likely in situations where sole action necessary so lawyers may use them more Examples: International jurisdiction dispute; Freezing injunction; Non-molestation injunction

What has changed ? Removal of ability to defend so a far simpler process for the applicant Minimum overall timetable of 26 weeks Grave hardship bar no longer applies to applications for final order Respondent can apply in all cases to delay the final order for court to consider finances

What has changed ? Change of language Petition and Petitioner Decree Nisi Decree Absolute Defended Decree of nullity Decree of judicial separation Application and Applicant Conditional Order Final Order or Final Divorce Order Disputed proceedings Nullity of marriage order Judicial separation order

What has changed ? Timings 28 days for service (taking the necessary steps) 14 days for filing Acknowledgment of Service 35 days for filing an Answer 20 weeks minimum until Application for Conditional Order 26 weeks minimum until Application for Final Order

What has changed ? The Application form D8 has changed and is made online or on paper for divorce and dissolution of civil partnerships Applicant must provide a statement of irretrievable breakdown of marriage but its no fault and hence no evidence of conduct or separation are to be provided Applicant ticks a box confirming whether they wish to apply for a financial order The new form D8 contains helpful guidance throughout on the form The Acknowledgement of Service in D10 has also changed

What has changed ? Note: Only 1 application for a Divorce Order can be made by a person unless the first application has been dismissed or determined or the court gives permission

Service Court will serve the application unless the applicant requests to serve This does not apply if the respondent is a protected party or out of the jurisdiction An applicant may not serve the respondent personally Email is sent to the respondent s usual email address Respondent is also sent a postal notification that the application has been sent by email Note: If an email is not provided or the applicant does not seek email service, the court serves the respondent by first class post If an applicant does not have a postal address for the respondent and only an email address, the applicant must apply for alternative service using Form D11

Service Service outside of the jurisdiction remains unchanged International service requires such steps to effect service as are permitted by the law of the country in which it is to be served Applications for alternative and deemed service can be made

Service An application can be made to extend time for service which must be supported by evidence but may be made without notice Court will consider whether the court has failed to serve, the applicant has taken reasonable steps to serve in time, the applicant has acted promptly and, if out of time, whether the applicant has asserted a good reason

Service Note: If the application for extension is refused, and if the divorce cannot proceed and the applicant must reissue and pay the fee again If the application is not served in time, the applicant is not sanctioned and either: (a) the application can be withdrawn, or (b) the court will use its case management powers depending on the circumstances of the case

Case Management The applicant applies for a Conditional Order provided there has been no signal of intention to defend The court either confirms entitlement or lists the case for a case management hearing In a disputed case, a respondent can file a cross application if the original application has been dismissed, different relief is sought or the Court gives permission

Disputed divorces The Answer in D8B has changed and removes the ability to defend because the Facts of divorce have gone but divorces can still be disputed on the basis of Jurisdiction The validity of the marriage or civil partnership The marriage or civil partnership has already been legally terminated

Validity of marriage The applicant and respondent must provide information of existing or concluded proceedings in respect of the marriage or civil partnership that may have affected its validity or subsistence The court must consider if necessary to give directions to stay the proceedings if it appears there are proceedings outside England and Wales capable of affecting its validity

Application for final orders The court makes a final order once it has checked the parties have not reconciled, there is no appeal pending in relation to the conditional order and no party has applied to prevent the conditional order being made a final order Final orders can be delayed in the context of a religious divorce in the Jewish faith The applicant no longer requires permission where the application is made after 12 months but the notice to make the order final must explain why the application was not made earlier The court must consider if necessary to give directions to stay the proceedings if it appears there are proceedings outside England and Wales capable of affecting its validity

Look out for the following ! Use the correct email address for service Problems with service case law anticipated Complete an Answer form correctly if needed Urgent applications for conditional or final orders must be made through paper forms, not digitally If the application converts from joint to sole, the application for conditional order is by D36A Costs applications cannot be made on the Divorce Application form

Good Practice Provide at least 7 days notice of intention to commence proceedings unless there is good reason not to do so The timing of any reference to the issue of a divorce application remains important Correspondence should always be constructive If a matter is urgent and necessary, explain why and how the issue may be resolved The Code of Practice means that Members approach their work to reduce or manage any conflict and confrontation