The biggest shake up in divorce law for over 50 years have come into force.
These are ground breaking reforms which introduce the concept of a “no-fault” divorce. The Divorce, Dissolution and Separation Act (2020) is aimed at reducing conflict between separating couples.
It means that they will no longer have to apportion blame for the breakdown of their marriage. This means 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 further harm their victims 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.