The biggest shake-up in divorce law for over 50 years has come into force.
These groundbreaking reforms introduce the concept of a “no-fault” divorce. The Divorce, Dissolution, and Separation Act (2020) aims to reduce conflict between separating couples.
It means that they will no longer have to apportion blame for their marriage’s breakdown. They can instead focus on practical decisions involving children or their finances.
Previously, one spouse was forced to make accusations about the other’s conduct, such as unreasonable behaviour or adultery. Alternatively, they faced years of separation before a divorce could be granted. This applied whether or not the couple had made a mutual decision to separate.
This new law also stops one partner from vindictively contesting a divorce and locking their spouse into an unhappy marriage. In some cases, domestic abusers can use their ability to challenge the process to harm their victims further or to trap them in the relationship.
The terminology and timescales will also change. Petitioners will become applicants, and Conditional and Final Orders will replace Decree Nisi and Decree Absolute.
However, it will take at least 6 months from when the court issues the application for divorce to when a final order can be made.