The 20-Week Cooling-Off Period: Balancing Reflection with Practicality
In April 2022, England and Wales reformed divorce law with the Divorce, Dissolution and Separation Act 2020, introducing a no-fault divorce system that allows couples to separate without assigning blame. A key feature is the mandatory 20-week cooling-off period, which begins when a divorce application is filed and must pass before a conditional order can be sought. This article outlines the UK’s no-fault divorce process and explores the debate around the cooling-off period, assessing whether it balances thoughtful decision-making with the need to avoid unnecessary delays.
The Divorce Process in England and Wales
Under the no-fault system, a spouse—or both spouses jointly—can apply for a divorce by stating that the marriage has irretrievably broken down. Unlike the old system, there is no longer a need to prove one partner's wrongdoing.
- Filing the Divorce Application and Acknowledgment of Service: The divorce process begins when one spouse (the applicant) submits a divorce application to the family court, or both spouses file jointly. Once the court receives the application, it sends an acknowledgment of service form to the respondent. The respondent has 14 days to complete and return the form, confirming receipt and awareness of the proceedings.
- The 20-Week Reflection Period: A mandatory 20-week period begins after the court issues the acknowledgment of service.
- Applying for the Conditional Order: Following the 20-week reflection period, the applicant(s) may request a conditional order, previously known as the decree nisi. The court will review the application to confirm that all procedural requirements have been fulfilled. If approved, a certificate of entitlement is issued, and a date is set for the conditional order to be formally pronounced.
- Applying for the Final Order: Six weeks after the conditional order is pronounced, the applicant(s) can apply for the final order, formerly known as the decree absolute. This final step legally dissolves marriage, granting both parties the freedom to remarry if they wish.
- Financial and Child Arrangements: Financial matters, such as the division of property, spousal maintenance, and pensions, may be resolved during the divorce but require a separate application for a financial order to make them legally binding. Similarly, if children are involved, custody, visitation, and support arrangements should be agreed upon and formalised through a child arrangements order.
Understanding the 20-Week Cooling-Off Period
The 20-week reflection period serves as a statutory interval designed to provide couples with time to reflect on their decision to divorce. The government asserts that this period encourages thoughtful decision-making and ensures that divorce is not pursued impulsively.
Critiques of the Cooling-Off Period
Despite its intended purpose, the mandatory 20-week period has faced criticism. Critics argue that it unnecessarily prolongs the divorce process, particularly for couples who have already engaged in considerable reflection before initiating divorce proceedings. By extending the overall timeframe for divorce, the 20-week period has led some to question its necessity.
This waiting period can also place additional emotional and financial strain on individuals seeking to move forward with their lives. In cases involving domestic abuse or high-conflict situations, it may exacerbate challenges or prolonged exposure to harmful circumstances
Support for the Cooling-Off Period
Supporters of the cooling-off period emphasize its role in promoting deliberate decision-making. Divorce is a life-altering event with significant implications for all involved, including children. The reflection period allows couples to consider the full impact of their decision, explore reconciliation, and make informed arrangements regarding finances and child custody. This time can be particularly beneficial in reducing impulsive divorces and encouraging amicable resolutions.
Balancing Reflection with Practicality
The 20-week cooling-off period in no-fault divorces aims to encourage thoughtful decision-making but has raised questions about its practicality. Balancing the seriousness of divorce with the realities faced by couples remains essential. In our view, a more flexible approach, such as exemptions or shorter timelines in agreed or urgent cases, could better accommodate diverse situations. As divorce laws continue to evolve, finding this balance will be crucial to ensuring the system works effectively for all.
At Chan Neill Solicitors LLP, we specialise in family law and understand the unique challenges of the 20-week cooling-off period. Our experienced solicitors provide tailored advice to protect your interests and guide you through the divorce process. Contact us today to see how we can assist you.
