Update on No Fault Divorce

23 June 2021
Susan Alexander, Consultant Solicitor

The Government has announced that the Divorce, Dissolution and Separation Act 2020, which will allow married couples to divorce without blame, will come into force on 6th April 2022.

The Act was due to come into force this Autumn but has been postponed allowing the divorce online IT system to be brought up to speed

 

How will the new Act be different?
In terms of the new Act one or both parties may apply for a divorce on the simple ground that the marriage has broken down irretrievably. However, before application can be made to the ‘conditional order’ (formerly decree nisi) stage, there is a waiting time of 20 weeks from the date of the application for divorce. Decree absolute may be granted 6 weeks after the date of the conditional order. The effect of this is that a divorce will take at least 6 months to finalise and more time if there are outstanding financial issues to be sorted out.

It is unlikely that the timescale will be any quicker under the new legislation but by removing the mudslinging of fault-based allegations, it is hoped that this will encourage couples to be more amicable about the other arrangements to be made in relation to the arrangements for their children and the splitting of the finances.

If you a facing divorce or separation and would like a free initial consultation with a member of our expert Family Law team, please contact us 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.

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