07 April 2022
The Divorce Laws change today. The Divorce, Dissolution and Separation Act 2020 came into force on 06 April 2022 and introduces the “No Fault Divorce”. Couples can now apply for a divorce, without having to blame their partner for adultery, desertion or unreasonable behaviour. The new law will hopefully reduce the conflict and animosity between separating couples.
The couple will need to issue a Statement of Irretrievable Breakdown of the Marriage and they can issue for divorce jointly or individually.
This is a major development in Family Law and replaces the existing law in the Matrimonial Causes Act 1973 which has required one party to prove their partner is at fault. There will now be no need to apportion blame in order for couples to go their separate ways.
From the date of the Divorce Application being issued, the date of the Conditional Order will be a period of 20 weeks and then a further six weeks for the Final Order of Divorce to be granted.
The Act also introduces new terminology whereby Petition will become Application. Petitioner will become Applicant; Decree Nisi will become Conditional Order and Decree Absolute will become Final Order.
The changes to the law have been welcomed by Family Lawyers who have campaigned for this for many years. This should enable couples to separate and divorce in a more amicable manner and hopefully mean that the resolution of the division of the assets of the marriage and children arrangements can also be agreed on an amicable basis. It is however advisable to seek professional advice in respect of the division of the assets of the marriage.
If you require advice in relation to divorce, the distribution of family assets in divorce or arrangements in relation to children, please contact one of our Family Law Specialists
This is not legal advice; it is intended to provide information of general interest about current legal issues.
