Family Law

The Divorce, Dissolution and Separation Act 2020, which passed into law on 25 June 2020, will introduce "no fault" divorce in England and Wales for the first time. This article looks at what it will mean for couples who divorce after these changes come into effect.

Current law

Under the current law, there is no way for couples to start the divorce proceedings without apportioning blame to one spouse. The only way to obtain a divorce without apportioning blame is to wait for at least two years (if both parties consent to the divorce) or five years (if one party does not consent to the divorce). Otherwise, for an immediate divorce, parties have to rely on a blame-based facts to prove that their marriage has irretrievably broken down, either:

• One spouse has committed adultery and the other finds it intolerable to live with them; or
• One spouse has behaved in such a way that the other cannot reasonably be expected to continue to live with them.

(The other blame-based fact is that one spouse has deserted the other for a period of at least two years. That however, does not facilitate an immediate divorce.)

The current system also allows spouses to easily defend the divorce or cross-petition which leads to court hearing, significant delays and significant costs.

The new law: what are the changes?

Applying for divorce

The new procedure

Timescales

When do the changes apply?