Big Changes for Seperating Couples

Big changes for separating couples

No fault divorce is coming

The Divorce, Dissolution and Separation Act 2020 (“DDSA 2020”) is the biggest reform of divorce law in 50 years. Currently, couples seeking a divorce in England and Wales must have been separated for a period of 2 years or one must blame the other for the marriage breakdown, citing either adultery or unreasonable behaviour. Even if they mutually agree that the relationship is over, if they do not wish to wait for two years before seeing a divorce, then the only way to end the marriage sooner is to apportion blame when applying for a divorce. The DDSA 2020 aims to reduce conflict within the legal process of divorce and it is hoped that this in turn will empower separating couples to work together to find constructive solutions for the issues relating to finances and children arising from separation.

Key Changes

Under the new regime, no explanation or evidence of the reasons for the breakdown of the marriage is necessary and it will no longer be possible to raise allegations of bad behaviour. All that will be required is for one or both partners to provide a statement confirming that the marriage has irretrievably broken down. The new system will remove the possibility of one partner contesting the divorce and the scope for the divorce to be challenged will be extremely limited, avoiding costly defended proceedings. Couples will also be able to lodge a joint application for divorce where the decision to separate is mutual.

The start date for the new regime is 6 April 2022.

Coupled with the recent guidance from the family court that applications to court on financial and children matters should be the last resort, this really is a wholesale shift in the culture of family law with the focus going forward being firmly on collaboration and co-operation. At Leeds Day LLP, our experienced family law team regularly help clients embrace a collaborative approach to separating through exploring alternatives to court proceedings. Simon Thomas, team leader and partner at the firm, is based at the St Neots office and is one of only a small group of family lawyers in Cambridgeshire who specialises in collaborative family law, a process where each person appoints their own collaboratively trained lawyer and the couple and their respective lawyers all meet together to work things out face to face. Both of you will have your lawyer by your side throughout the process and so you will have their support and legal advice as you go. You sign an agreement that commits you to trying to resolve the issues without going to court and prevents them from representing you in court if the collaborative process breaks down. This means that everyone is absolutely committed to finding the best solutions by agreement, rather than through court proceedings.

To find out more, contact Simon Thomas at Leeds Day LLP on 01480 442078, email: simon.thomas@leedsday.co.uk or visit our website: www.leedsday.co.uk/family.

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