No-fault Divorce Transforms Separation In England & Wales

• Published date: 28 February 2022
• Subject Matter: Family and Matrimonial, Divorce
• Law Firm: Withers LLP
• Author: Mr Michael Gouriet and Natalie O'Shea

Divorce law in England and Wales is changing. The Divorce, Dissolution and Separation Act 2020 (DSSA 2020) is to come into force in April 2022. It aims to make divorce an easier and less acrimonious process by removing the need to assign blame when starting a divorce.

Under current divorce law, to establish that a marriage has broken down irretrievably, one or more of five facts must be proved. Three facts are based on fault, i.e. adultery, unreasonable behaviour and desertion; and two facts are based on a lengthy period of separation (2 years' separation with consent or 5 years' separation without consent).

The new law keeps irretrievable breakdown as the sole ground for divorce but replaces the five facts with a single notification/application process. No evidence to prove the relationship breakdown will be required.

There will remain limited circumstances in which divorce proceedings may be challenged, such as a lack of court jurisdiction, but it will no longer be possible to 'defend' a divorce on the basis that the marriage has not broken down.

The new divorce law allows an application for divorce to be made by one spouse, or for the couple to make an application together where the decision to divorce is mutual. So for the first time, a couple will be able to apply for divorce jointly.

To provide couples with a period of reflection, there will be a minimum time frame of 20 weeks between the start...