The Government’s long-awaited Divorce, Dissolution and Separation Act 2020, which introduces no-fault divorces in England and Wales, is here and came into force this week.
Hailed as the biggest shake-up in divorce law for 50 years, the Act seeks to end the “blame game” and reduce the impact that allegations of blame can have on separating couples and, in particular, children.
The previous divorce system in England and Wales required one spouse (the petitioner) to initiate the process of filing for divorce and, in the process, make an accusation about the other spouse’s (the respondent) conduct.
Instead of the current five legally acceptable grounds for divorce, the only ground will be the irretrievable breakdown of the marriage. It is anticipated that this reason alone will need to be given in a statement. No specific explanations or evidence will need to be provided as to why the marriage has broken down.
Contesting a divorce will be much harder
Currently a divorce can be contested for any reason. The new laws remove the option of contesting a divorce.The new laws will mean that instead of having to attribute blame to one party, a couple can mutually cite ‘irretrievable breakdown’ as the sole ground for wanting to obtain a divorce.
This can be done in a joint statement or by an individual. Either spouse will be able to provide a statement saying it has broken down without having to provide evidence about bad behaviour.
Joint applications are allowed
Separating couples can make a joint application for divorce if they choose to. In effect they are both consenting, which should make it easier to amicably agree on tricky issues such as children and finances.
Updated terminology
‘Decree nisi’ will become a ‘conditional order’.
‘Decree absolute’ will become a ‘final order’.
Twenty-week period of reflection
There will be a minimum period of twenty weeks between the start of the proceedings and the conditional order (the decree nisi). This will allow for a period of reflection, giving couples the opportunity to reconcile, or seek mediation or counselling services. If separation is inevitable, this period will be useful to discuss important matters such as finances or child arrangements.
The minimum period of six weeks and one day between the conditional order and final order (the decree absolute) will be retained. In theory, this means that the entire divorce process should take no longer than six months if the couple agree on everything.
Impact of the changes on people’s lives
Despite the Act representing a welcomed change for many family law professionals, there are concerns that removing the blame from divorce proceedings and simplifying the process will lead to a spike in divorce cases.
It is hoped that the above changes in the divorce laws will help families by encouraging amicable proceedings, rather than causing further problems. The new laws remove the need for one party to ‘blame’ the other, often with embellished evidence of unreasonable behaviour in order to make the divorce application legally successful. The new laws also prevent people being trapped in unhappy marriages and provide greater protection for victims of domestic abuse. The changes should help to minimise the impact of divorce on children, who are often exposed to the animosity of divorce proceedings.
