On April 6, radical changes to the law on divorce take effect when the Divorce, Dissolution and Separation Act 2020 is finally implemented.

Current divorce law

Currently, anyone seeking a divorce before they have been separated for at least two years has to show that their marriage has irretrievably broken down by proving that their spouse has committed adultery or behaved unreasonably. This has frequently caused unnecessary animosity, where one party has to blame the other.

The new divorce law

The new law does away with this blame game and simply requires the person seeking a divorce to state that their marriage has irretrievably broken down. No further evidence is required.

The new law also allows both parties, for the first time, to make a joint application. This means that couples will be able to apply for a divorce together.

How long will the process take?

The process will take a minimum timeframe of six months, being 20 weeks from the date of the application to the Conditional Order (formerly Decree Nisi), and a further six weeks before the Final Order (formerly Decree Absolute) is granted.

The 20-week wait is intended to allow parties time to reflect, to ensure that they really want to divorce, and to give time to agree future financial arrangements and any issues relating to children.

In recent years, parties have been encouraged to use mediation and negotiation to settle children and financial matters. At long last, the divorce process has caught up with this way of thinking. This long overdue change will enable couples to divorce without one party being judged to be at fault.

While the divorce process should be more straightforward, it remains essential that those who divorce seek specialist legal advice on how their assets are divided. Without this, one party could lose out significantly.

Always seek legal advice before applying for a Final Order otherwise rights, particularly to pension benefits, could be lost without appropriate arrangements having been put in place.

We’re here for you

Porter Dodson has a large specialist Family Team who can advise on all aspects of family law, including divorce and civil partnership dissolution, separation and the resolution of financial matters and issues relating to children. For more information, contact Amanda Jones at [email protected] or on 01823 625886.