The Divorce Dissolution and Separation Act 2020

Changes in Divorce Law- Your Questions Answered

For over fifty years, divorcing couples, who had not been separated for a period of two years or more, had to place blame on the other party to dissolve their marriage. This tended to increase acrimony and led to Respondents defending the divorce on the fact cited and costs being disputed. Reform to divorce law was introduced in order to mitigate this and make the process easier to navigate for non-lawyers.

Here are the answers to some of the commonly asked questions surrounding the reforms…

1. What are the recent changes in divorce law?

The Divorce Dissolution and Separation Act 2020 came into force this year on 06 April 2022. This introduced ‘no fault divorce’.

This reform removed the need to rely on any of the previous five factors (adultery, unreasonable behaviour, 2 years separation with consent, 5 years separation, desertion) and instead allowed divorcing couples to end their marriage by agreement or simply stating the marriage had irretrievably broken down, regardless of the length of the separation, and to remove the blame and stigma that could be associated with some of the five facts. A simply statement confirming the marriage has irretrievably broken down is all which is needed now. This can be made either together on a joint basis or as a sole applicant.

New, easier to understand terminology has been introduced in addition to new time periods. A divorce now takes a minimum of 26 weeks: a new minimum 20-week period for a Conditional Order (new style Decree Nisi) to allow for a ‘cooling off’ period following the initial application and the same 6 week period between the Conditional Order and Final Order (new style Decree Absolute).

Another significant change was the removal of a claim from costs from the standard Divorce Application. Now, any application for the costs of an undisputed (standard) divorce or dissolution case will need to be made by a separate application (using Form D11) and costs are at the discretion of the Court. It seems that costs will now be granted in fewer cases, for example due to the litigation conduct of the other party, rather than the previous ability to include a claim for costs within the Divorce Petition.

2. How long does it take to divorce?

Divorce proceedings now take a minimum of 26 weeks from the date the divorce application is issued.

An application can be made for a Conditional Order at any time after the end of the period of 20 weeks from the date the application for a divorce is issued. Then 6 weeks for the Final Order.

The new 20-week period is designed to be a cooling off period intended to allow for a period of reflection and for divorcing couples to resolve other family matters related to finances or children. It also provides divorcing couples a chance to reconcile should they wish to. Under the old law, a Petitioner could apply for Decree Nisi as soon as the Respondent had returned the Acknowledgment of Service.

3. What does this mean for the average person who wishes to divorce?

The new divorce application form is simpler as there is no longer a requirement to provide a detailed statement evidencing one of the five facts – applicants now need only provide a short statement that their marriage has broken down irretrievably. The issue of costs is now simpler to understand and there are limited grounds in which the Respondent may dispute an application.

The language has also been changed to be more straight forward, making divorce accessible to those outside of the legal profession. The language of no fault divorce is now in line with the language within civil partnership proceedings. The person commencing proceedings is now referred to as the Applicant and the Decree Nisi/Absolute have been renamed to the Conditional/ Final Order providing better clarity as to what they mean within the proceedings.

The average person should be confident that they can get divorced in 26 weeks, if they are the Applicant and so long as there are no complicating factors or financial issues. We would always recommend obtaining legal advice to ensure financial matters are considered. Financial claims remain open following the Final Order, so legal advice is crucial to ensure a clean break. If finances are agreed, this can be incorporated into a Consent Order.

4. Couples who are amicable, can they apply together for a divorce together?

For the first time, joint applications may be made. Both parties will apply for the divorce, dissolution or (judicial) separation application together and will be equally responsible for the application. They will be known as Applicant 1 and Applicant 2, rather than the Applicant and Respondent as with sole applications. This option can reduce complexity.

This allows both parties to confirm that their marriage has irretrievably broken down. The joint application can be progressed solely if required or if the other Applicant no longer complies. Joint applications also enable applicants to agree on how they wish to pay the court fee for the application. However, it should be noted that the digital service requires that Applicant 1 make payment but either Applicant could do so if applying via the paper form.

In some instances, a joint application would not be appropriate, such as where there has been domestic abuse. Sole applications remain available for these reasons.

5. As you can’t ‘blame’ someone will this affect the person applying for a divorce when it comes to finances?

In the majority of cases, the reason for a divorce has no bearing on financial matters. A Court will only consider one spouse’s conduct where this is especially ‘gross or obvious’; an extremely high threshold. Adultery, arguments, unkind words or quarrelling will not influence any financial award.

Increased animosity caused by the reasons cited for a divorce was therefore likely only to be a hindrance to reaching an amicable financial resolution. The reform to divorce law should have a positive impact on financial aspects of a divorce which is beneficial as the Court places a big emphasis on parties settling directly and encourages couples to agree a fair division of assets.

The starting point for the family court will continue to be, as far as possible, an equal division of the matrimonial assets, unless there is a justifiable reason to depart from this but ensuring at all times that the parties’ needs can be met, as far as possible.

Divorce cases and financial remedy matters are two separate sets of proceedings and the timescales are very different for both. A Divorce Application and Form A may be issued at the same time and parties may apply for a Consent Order once the Conditional Order has been granted within the divorce.

Conclusion

It is hoped that the introduction of the Divorce Dissolution and Separation Act 2020 will allow divorcing couples to understand the process of divorce and reduce conflict whilst going through proceedings. So far it seems to have had a positive impact and benefits parties who need to resolve financial and children matters alongside a divorce.