No Fault Divorce to become Law

18 March 2022
Uncategorised, Head of Family Law

Further to our earlier article, the Divorce, Dissolution and Separation Act 2020 will reform the law on divorce, dissolution and separation in England and Wales as from 6th April 2022.

Effectively, this will remove the requirement to provide evidence of conduct or separation and instead is replaced with the simple requirement to provide a statement of irretrievable breakdown.

It will remove the ability to defend a divorce or separation, it will enable couples to make a joint application to the Court for divorce or separation.

The Act introduces a new minimum overall timeframe of 20 weeks from the start of the proceedings to the Conditional Order (formerly Decree Nisi) and then 6 weeks between Conditional Order and when it is made final, so a period of 26 weeks overall.

 

Action Necessary

The new law comes into effect on 6th April 2022.

Anybody wishing to proceed with a divorce or separation based upon the previous facts i.e., adultery and unreasonable behaviour, will need to submit a paper application received by the Court no later than 4pm on 31 March or a digital application to be online no later than 4pm on 31 March.

The new Act represents the biggest reform of Divorce laws in half a century and aims to reduce the impact of allegations of blame on individuals and family and in particular, reduce acrimony where children are concerned.

For further advice on remediate action, contact the Family Department at Cullimore Dutton on 01244 356 789 or email info@cullimoredutton.co.uk.

Please note: This is not legal advice; it is intended to provide information of general interest about current legal issues.

 

Eluned Roberts

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