The Divorce, Dissolution And Separation Act 2020 - The Long Waited No-Fault Divorce

• Published date: 23 July 2020
• Subject Matter: Family and Matrimonial, Family Law, Divorce
• Law Firm: Giambrone & Partners
• Author: Ms Daniel Theron

Royal assent was granted to the Divorce, Dissolution and Separation Bill on 25 June 2020 heralding the hotly anticipated "no-fault divorce". Whilst the Act is unlikely to come into force before Autumn 2021, at the earliest, it is considered to be the most welcome reform to divorce law for 50 years. The current law applying to divorce for opposite-sex couples requires one of the following grounds to be demonstrated before the court, whereas same-sex couples have the same grounds with the exception of adultery:

• Desertion, where one of the parties has deserted the other for two years or more. This once popular ground is seldom used now.
• Separation, either with consent after two years or without consent after five years. Separation after two years with the consent of both parties is the closest to "no-fault" available hitherto.
• Adultery, often the most acrimonious and upsetting ground frequently leading to long drawn out court battles. It is used in only around 10% of divorce cases.
• Unreasonable behaviour is the most frequently cited ground used in 46.3% of cases in 2018...