It has now been announced by the Government that the Divorce, Dissolution and Separation Act 2020, which allows married couples to divorce without ‘fault’ is to come into force on 6th April 2022, a delay on the previous date of implementation of Spring 2021.
6th April 2022 is however now fixed as a matter of parliamentary record, whereas the previous date was an estimated timetable.
The Act will allow couples to petition for divorce jointly on the basis that the marriage has broken down without being required to rely on one of the 5 current grounds for divorce: Adultery, Unreasonable Behaviour, Desertion, 2 years separation with consent or 5 years separation.
There is to be a minimum overall timeframe of 6 months in which the divorce can be progressed and finalised, but this is a significant change to divorce law and it is hoped will help to make the process more amicable for the parties, at what is already a very difficult time for them.
The majority of divorce petitions are presently issued on the basis of unreasonable behaviour, which can often leave the person responding to the divorce to feel ‘blamed’ and so this change will reduce that risk of conflict, and hopefully lead parties to feel more able to deal with the other issues arising from their divorce by way of financial issues or children issues in an amicable manner.
If you would like to speak to one of our family law experts about the change in divorce law, please contact us on 01756 799000.