Divorce, Dissolution and Separation Act 2020 - No-fault divorce coming into place
The biggest reform of divorce laws in half a century comes into place in less that 2 weeks. It aims to reduce the impact that conflict and allegations of ‘blame’ for the split can have on families and children.
The Divorce, Dissolution and Separation Act 2020 (DDSA) will reform the law on divorce, dissolution, and separation from 6th April 2022.
This will affect clients and families or couples with the following:
Removing the requirement to provide evidence of ‘conduct’ or ‘separation’ facts and replacing this with a simple requirement to provide a statement of irretrievable breakdown of the marriage or civil partnership or to obtain a judicial separation.
Removing the ability to defend the decision to divorce or end the civil partnership.
Allowing, for the first time, joint applications for divorce, dissolution, and separation, meaning that couples can now apply together for a divorce, dissolution, or separation.
Introducing a new minimum overall timeframe of six months (26 weeks) made up of a ‘minimum period’ of 20 weeks in divorce and dissolution proceedings between the start of proceedings (when the court issues the application) and when the applicant(s) may apply for a conditional order and the current minimum timeframe of 6 weeks between the conditional order and when the order can be made final. This ensures that there is a period of reflection, and where divorce is inevitable, provides a greater opportunity for couples to agree the practical arrangements for the future.
Updating the legal language used for divorce. ‘Petition’ will become ‘Application’, ‘Petitioner’ will become ‘Applicant’, ‘Decree Nisi’ will become ‘Conditional Order’ and ‘Decree Absolute’ will become ‘Final Order’. This makes language simpler and more accessible to those outside the legal profession, and aligns across all legislation relating to divorce, dissolution, and separation.
Resolution’s and The Ministry of Justice information pack can be accessed here.