Divorce in England and Wales
In England and Wales, divorce is allowed on the ground that the marriage has irretrievably broken down. The Matrimonial Causes Act 1973 specifies that the marriage may be found to have irretrievably broken down if one of the following is established: Civil remarriage is allowed. Religions and denominations differ on whether they permit religious remarriage. A divorce in England and Wales is only possible for marriages of more than one year and when the marriage has irretrievably broken down. Whilst it is possible to defend a divorce, the vast majority proceed on an undefended basis . A decree of divorce is initially granted 'nisi', i.e. (unless cause is later shown), before it is made 'absolute'. History. Historically, divorce was not administered as such by the barristers who practised in the common law courts but by the "advocates" and "proctors" who practised civil law from Doctors' Commons, adding to the obscurity of the proceedings. Divorce was "de facto" restricted to the very wealthy as it demanded either a complex annulment process or a private bill leading to an Act of Parliament, with great costs for either. The latter entailed sometimes lengthy debates about a couple's intimate  marital relationship in public in the House of Commons. The Matrimonial Causes Act 1857 moved litigation from the jurisdiction of the ecclesiastical courts to the civil courts, establishing a model of marriage based on contract rather than sacrament and widening the availability of divorce beyond those who could afford to bring proceedings for annulment or to promote a private Bill. After World War I, there were reforms made to the divorce law that put men and women on a more equal footing. The Matrimonial Causes Act 1923, made adultery a ground of divorce for either spouse. Previously, only the man  had been able to do this; women had to prove additional fault. A further Act in 1937 (the Matrimonial Causes Act 1937) offered additional grounds for divorce: cruelty, desertion and incurable insanity. The need for the reforms was illustrated in the best-selling satirical novel "Holy Deadlock" (1934). Regarding the public's reaction to the end of the relationship between never-married Princess Margaret and the divorced Peter Townsend in 1955, "The Independent" wrote in 1995, "(this) can now be seen to have constituted a watershed in the nation's attitude towards divorce". The Divorce Reform Act 1969 marked a  significant change in that people could end marriages that had "irretrievably broken down" without having to prove fault. They could end marriages after separation of two years, if both parties desired divorce, or five years if only one party desired divorce. The Matrimonial Causes Act 1973 provided that a marriage had to have lasted for three years before a divorce could be applied for; the Matrimonial and Family Proceedings Act 1984 reduced this period to one year. The Divorce, Dissolution and Separation Bill 2019-21 was introduced to parliament in January 2020 by the Conservative Government. The bill was a  response to the Supreme Court case of Owens (Appellant) v Owens (Respondent), which stated in its conclusion that Parliament may wish to consider replacing the current divorce law.<ref name="Case ID UKSC 2017/0077"></ref> The bill would remove the requirement to provide evidence of fault, or separation; and replace it with a statement from either applicant that the marriage had irretrievably broken down. The legislation received royal assent on 25 June 2020 and was passed as the Divorce, Dissolution and Separation Act 2020. Laws. Relevant laws are: The ground for divorce. There is only one 'ground' for divorce under English law . That is that the marriage has irretrievably broken down. Until the date on which the Divorce, Dissolution and Separation Act 2020 becomes effective there are five 'facts' that may constitute this ground. They are: Once in force, the Divorce, Dissolution and Separation Act 2020 will provide for no-fault divorce whereby an application for divorce by way of the making of a statement that the marriage has broken down irretrievably disregarding the reasons detailed above. The Act is expected to come into force from Autumn 2021. Uncontested divorce procedure. Here is a rough outline of the undefended divorce procedure from  start to finish: From beginning to end, if there are no further issues and Court permitting, it takes around six months. If there are any outstanding financial issues between the parties, most solicitors would advise resolving these by way of a 'Clean Break' Court order prior to obtaining the Decree Absolute.