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Ministers announced on 7th June 2021 that the Divorce, Dissolution and Separation Act 2020 would come into force on 6th April 2022.
No-Fault Divorce
The Act introduces no-fault divorce as it removes the requirement to establish a fact as to the reason for the divorce and allows either or both parties to a marriage to apply for a divorce order which dissolves the marriage on the ground that the marriage has broken down irretrievably.
Currently, if you are married and considering a divorce, the person applying for the divorce must evidence the irretrievable breakdown of the marriage through one of the following five facts:
- Adultery
- Unreasonable behaviour
- Desertion
- Two years separation with consent
- Five years separation
Under the current law, unless you have been separated for two years or more and your spouse consents to the divorce or you have been separated for five years or more, the party applying for the divorce must show that the other party is to blame. We discuss this further in our previous blog on grounds for divorce.
At Myerson, we help many couples who are separating who want to apply for a divorce on the basis that the marriage has broken down without attributing blame to the other party.
Ending the Blame Game
The Act will remove the need to play the blame game and will allow separating couples to deal with matters as amicably as possible.
Many couples will be disappointed that this option will not be available to them until next year. Whilst we hoped that the changes would be implemented this year, it is good to know that there is some certainty as to when no-fault divorce should be available.
At Myerson, the family team are all members of Resolution, an organisation of family law professionals committed to adhering to the Resolution Code of Practice which promotes working constructively to avoid unnecessary conflict.
If you are thinking about separating, we can help you to focus on achieving an outcome that works for you and for the future of everyone involved.
Here to Help
If you have any more questions or would like further information regarding the Divorce, Dissolution and Separation Act 2020, you can contact a member of our Family Law Team below.