If you are considering entering into divorce proceedings, you may well be aware of the changes that were brought in earlier this year.
These have been the most dramatic changes to divorce law in over 50 years.
On 6th April 2022 the Divorce Dissolution and Separation Act 2020 (DDSA 2020) came into force. This legislation has brought about massive, and necessary, reforms that have been sought after within the legal profession for a very long time. It results that the need to cast blame against the other party is eliminated. The thought process behind it is to promote a non-confrontational and unnecessarily acrimonious procedure, which can only be a positive thing.
In essence, now when petitioning, or rather applying, for a divorce or dissolution in England or Wales, which shall continue to be an online process, you shall no longer cast blame. The application is simply about the facts of the case, not one parties perception of how the marriage has fallen apart.
If a divorce is something you are considering, the following is a great aide-memoire to help set out what you need to know, and a helpful way for you to remember there that there is no blame….
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ot having to cast blame is beneficial to everyone. Removing any reference to blame, wrongful conduct or fault prevents acrimony and reduces hard feelings.O
verriding ground in that there is an irretrievable breakdown of the relationship with no hope of reconciliation must still be met.
B
alanced approach is now adopted as joint applications have been introduced so that there is equality and no longer shall one spouse be subordinate to the other.L
egislation was brought forward due to the unfortunate circumstances of the significant case of Owens v Owens [2018] UKSC41 which reinforced the already well known fact there needed to be a shakeup of old-fashioned divorce law that needed to be brought up to speed to suit the current climate.A
ccessibility needed to reach the masses, alongside modernisation. The new legislation has made significant fundamental changes as follows; Decree Nisi has now become a Conditional Order, Decree Absolute has become a Final Order, the petitioner has become the applicant and it is now referred to as an application for a divorce Order, not a divorce petition.M
inimum of a 20-week period is now in place between the initial application being made and progressing to the Conditional Order stage. This reflection period is really important as it enables couples to put in place the appropriate thought process to make sure that a divorce is the right thing to do in their circumstances.E
xtra time for consideration is given as the statutory minimum “cooling off period” between the Conditional Order being made and the Final Order being granted is still in place (six weeks). Therefore, the overall time frame is 26 weeks from the date of application to Final Order. Please note this is a minimum, as proceedings can take longer.All in all, fault now has very little to do with it – and that can only be a good thing.
If you are thinking about divorce or the associated factors, or simply need more information about the process or the changes, please contact Jemma.
Jemma Wentworth is a family lawyer who offers family law services throughout the UK as a Consultant Legal Executive for Ann McCabe Solicitors.