Divorce and dissolution of a civil partnership can be one of life’s most stressful events. The current divorce framework does nothing to aid this because its approach is adversarial. Welcome, the new ‘Divorce, Separation & Dissolution Act 2020’ which sets out a better way forward by offering a simplified approach, removing the existing fault-based requirements and allowing joint applications. Helen Cort, Legal Director at BDB Pitmans, explains the new law below.
Current Law
There is only one ground for divorce – the marriage has irretrievably broken down. However, in the absence of waiting at least two years the petitioner has to lay blame stating that:
- their spouse has committed adultery and they find it intolerable to live with them; or
- their spouse has behaved in such a way that they cannot reasonably be expected to live with them.
New Law
There is no need to attribute blame and either or both of the parties can start the divorce process by simply referring to the marriage having irretrievably broken down. The standard process provides a minimum waiting period of 26 weeks before the marriage is ended.
This should start the divorce process off on the right foot and help reduce costs. Unfortunately, it is likely the new law will not be in force until autumn 2021. It may be tempting to wait but there may be other factors which make it advantageous to divorce now. It is best to take advice now and decide what is right for you.
For further information on any of these issues please contact Helen Cort in BDB Pitmans’ specialist family team in Southampton on 02380 837707.
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