No-Fault Divorce — Divorce, Dissolution and Separation Act 2020
The Divorce, Dissolution and Separation Act 2020 came into force on 6 April 2022, introducing no-fault divorce and removing the need to prove one of five facts.
Who is affected: Married couples and civil partners in England and Wales seeking to end their relationship
What Changed
The Divorce, Dissolution and Separation Act 2020 fundamentally reformed divorce law in England and Wales, which had been governed by the Matrimonial Causes Act 1973. From 6 April 2022 it is no longer necessary to prove one of five facts (adultery, unreasonable behaviour, desertion, two years' separation with consent, or five years' separation). The sole ground for divorce is now the irretrievable breakdown of the marriage, evidenced by a statement from one or both parties; this statement is not contested. Either party alone can apply for divorce (a 'joint application' process is also available), and the respondent can no longer defend the petition except in very limited circumstances. The previous decree nisi and decree absolute are renamed to conditional order and final order. A minimum period of 20 weeks must elapse between application and conditional order, and a further six weeks before the final order.
What To Do
Spouses wishing to divorce no longer need to apportion blame or wait for a minimum separation period. An application can be made solely or jointly on the GOV.UK portal once six weeks' reflection has passed since the conditional order. Financial matters (decree of financial remedies) and arrangements for children must still be resolved separately, and couples should seek legal advice on financial settlement before applying for the final order, as financial claims survive divorce unless formally dismissed.