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The introduction of the Divorce, Dissolution and Separation Act 2020 will change the law relating to divorce and dissolution of civil partnerships from 6 April 2022.
The law provides that there is one ground for divorce, which is that the marriage has irretrievably broken down. In establishing this, you must rely on one of five facts:
This means that currently if you have not been separated for two years, and in the absence of adultery, you have no choice but to petition for divorce based on your spouse’s unreasonable behaviour.
The introduction of no-fault divorce will remove the requirement to provide evidence of unreasonable behaviour or separation. From 6 April 2022, it will be possible to apply for a divorce by providing a simple statement of irretrievable breakdown of the marriage or civil partnership.
Some of the other changes include the following:
It is anticipated that no-fault divorce will help to reduce conflict and allow couples to focus on important matters, such as sorting out the arrangements for the children or finances.
It is hoped that the new law will allow separating couples to work together collaboratively and amicably to resolve issues that arise on separation.
To apply for a divorce or dissolution of a civil partnership, you must have been married for at least one year. You can apply for a divorce in England and Wales if either you or your spouse or civil partner meet certain resident conditions or are domiciled here.
If you have any questions or would like more information, you can contact our Family Law team below.
Complete the form below, or alternatively, you can call Myerson Solicitors on: