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Grounds for Divorce/Dissolution
Known officially as the Divorce, Dissolution and Separation Act 2020, this updated landmark legislation allows married couples to divorce without assigning blame. The introduction of a no-fault divorce system will mean that couples can petition for a divorce jointly without either person being held at fault.
- the ‘five facts’ have been replaced with a new requirement to provide a statement of irretrievable breakdown
- the possibility of contesting the divorce has been removed
- introduction of a joint application
- a change in language has been made to plain English, for example, changing ‘decree nisi’ to conditional order and ‘decree absolute’ to final order
These changes will also apply to the dissolution of civil partnerships.
Under the old legislation married couples and couples in civil partnerships could only apply for a divorce if they could prove to the court that their marriage has broken down irretrievably and as a result of one of the couple’s actions, proved by one of five reasons:
- Unreasonable behaviour
- Two years’ separation with consent
- Five years’ separation without consent
Under the new law, you simply need to make a statement that the marriage has irretrievably broken down.
A statement that a marriage is over will, in most cases, be all the proof the court needs.
- Single or joint application for a divorce order made
- 20 weeks later, and having confirmed that the applicant or applicants still wish to go ahead, the Conditional Order will be made by the court
- 6 weeks later, the Final Order will be made.
For further advice, contact us on 01792 468684 or email email@example.com.