Divorce, Dissolution and Separation Act 2020
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The Divorce, Dissolution and Separation Act 2020 is a piece of legislation in the United Kingdom that brings significant changes to the process of obtaining a divorce or dissolution of a civil partnership. The Act received Royal Assent on 25 June 2020 and is expected to come into effect in the autumn of 2021. Here are some key points about the Act:
No-fault divorce: The Act introduces the concept of no-fault divorce, which means that it will no longer be necessary for one party to prove fault or blame to obtain a divorce. Instead, either spouse can apply for a divorce by simply stating that the marriage has irretrievably broken down.
Removing the defended divorce: The Act removes the ability for one party to contest or defend a divorce. It simplifies the process by eliminating the need for a spouse to provide evidence of misconduct or wrongdoing.
Joint applications: The Act allows for joint applications for divorce or dissolution. Both spouses can apply for the dissolution jointly, signalling their mutual agreement to end the marriage or civil partnership.
Minimum waiting period: The Act introduces a minimum waiting period of 20 weeks from the start of the divorce proceedings to the granting of a conditional divorce order. This waiting period allows for reflection and the opportunity for reconciliation.
Final divorce order: After the conditional divorce is granted, there will be a further minimum waiting period of six weeks before a final divorce order, previously known as a decree absolute, can be issued. This provides an opportunity for parties to finalise financial and childcare arrangements before the marriage is legally dissolved.
Terminology changes: The Act replaces the terms "decree nisi", "decree absolute", "petition", and "petitioner" with "conditional order", "final order", "application", and "applicant" respectively. This change aims to modernise the language used in the divorce process.
The Divorce, Dissolution and Separation Act 2020 aims to make the process of divorce or dissolution of a civil partnership less acrimonious, reduce conflict between parties, and promote a more constructive approach to resolving issues related to separation. These changes are expected to have a significant impact on family law in the UK by streamlining the divorce process and focusing on the needs of the individuals involved.
No-fault divorce: The Act introduces the concept of no-fault divorce, which means that it will no longer be necessary for one party to prove fault or blame to obtain a divorce. Instead, either spouse can apply for a divorce by simply stating that the marriage has irretrievably broken down.
Removing the defended divorce: The Act removes the ability for one party to contest or defend a divorce. It simplifies the process by eliminating the need for a spouse to provide evidence of misconduct or wrongdoing.
Joint applications: The Act allows for joint applications for divorce or dissolution. Both spouses can apply for the dissolution jointly, signalling their mutual agreement to end the marriage or civil partnership.
Minimum waiting period: The Act introduces a minimum waiting period of 20 weeks from the start of the divorce proceedings to the granting of a conditional divorce order. This waiting period allows for reflection and the opportunity for reconciliation.
Final divorce order: After the conditional divorce is granted, there will be a further minimum waiting period of six weeks before a final divorce order, previously known as a decree absolute, can be issued. This provides an opportunity for parties to finalise financial and childcare arrangements before the marriage is legally dissolved.
Terminology changes: The Act replaces the terms "decree nisi", "decree absolute", "petition", and "petitioner" with "conditional order", "final order", "application", and "applicant" respectively. This change aims to modernise the language used in the divorce process.
The Divorce, Dissolution and Separation Act 2020 aims to make the process of divorce or dissolution of a civil partnership less acrimonious, reduce conflict between parties, and promote a more constructive approach to resolving issues related to separation. These changes are expected to have a significant impact on family law in the UK by streamlining the divorce process and focusing on the needs of the individuals involved.
