The Divorce, Dissolution and Separation Act 2020
The 6th of April sees the The Divorce, Dissolution and Separation Act 2020 come into force. This has been called one of the biggest changes to divorce law in half a century.
In short, this brings into place a no-fault divorce, 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.
It seeks to remove some of the stress and conflict from divorce, particularly improving outcomes for any children, whilst maintaining the rule of law, justice and respect for marriage and civil partnerships.
It also allows joint applications for divorce, dissolution, and separation, meaning that couples can now apply together for a divorce, dissolution, or separation. This previously was not permitted, only one party or applicant could apply. Again, this is designed to reduce conflict.
It is to be hoped that this reduces the impact that conflict and allegations of blame can have on families, and in particular, on any children.
In the past, to obtain a divorce one has to satisfy the court that the legal test of irretrievable breakdown is met, by citing one or more of ‘five facts’.
Three ‘facts’ are based on conduct, being behaviour often referred to as ‘unreasonable behaviour’, adultery, or desertion.
Two ‘facts’ are based on separation.
The new law will remove the requirement to assign blame, instead what is needed is a statement of irretrievable breakdown. No evidence will be required for this beyond a statement.
You can read more about this hugely important reform at Resolution’s website: https://resolution.org.uk/wp-content/uploads/2022/02/Information-Pack-Divorce-Dissolution-and-Separation-Act-2020.pdf