Partner Debra Frazer gives an update on changes to English divorce law.
The government has recently announced that the Divorce, Dissolution and Separation Act 2020, which introduces the concept of “no-fault divorce”, will finally be implemented as from 6th April 2022.
Whilst Royal Assent was granted to this Act of Parliament on 25th June 2020 there is a considerable delay in the new law being brought into effect as a result of the necessary changes which are needed to be made to the procedure used in applying for a divorce as well as updating the government’s IT systems in its online divorce platform.
The new divorce law means that if a marriage breaks down and a divorce is sought it will be based on the fact that the parties consider that their marriage has broken down irretrievably. It changes the way in which divorces will be able to be obtained by removing the need for separating couples to assign blame when their marriage breaks down and they want to divorce, without having to live apart for a minimum of 2 years as the current law requires.
In addition, it introduces a concept of both parties being able to apply jointly for a divorce, something which is currently impossible to do under the existing law.
If you have any queries in relation to divorce please contact one of our highly experienced Family Law solicitors who will be pleased to advise you: