'No-fault divorce': Here's everything you need to know about new law
By Team Newsable | First Published Apr 7, 2022, 2:09 PM ISTThe revisions are meant to lessen the impact of blame allegations on a separated spouse and their children. They are designed to streamline the process and eliminate unneeded friction, allowing couples to concentrate on the future.
The Divorce, Dissolution, and Separation Act (2020) is the most significant change in divorce law in more over a half-century. It eliminates the need for separating spouses to assign blame for their marriage's demise, allowing them to instead focus on essential practical issues affecting children or finances and look to the future.
The revisions will allow spouses to leave their marriages together without pointing fingers. They will no longer be allowed to make allegations regarding a spouse's behaviour; instead, they will be able to submit a statement of irreparable breakdown, either individually or jointly. This will be "conclusive evidence" that the marriage has irreparably broken down. Between the initiation of proceedings and the application for a conditional order, there will be a new minimum term of 20 weeks for "meaningful" contemplation.
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The revisions are meant to lessen the impact of blame allegations on a separated spouse and their children. They are designed to streamline the process and eliminate unneeded friction, allowing couples to concentrate on the future.
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The 20-week minimum term will allow some couples to reconsider whether divorce is the best option for them, while in circumstances where divorce is unavoidable, it will offer them more time to cooperate and agree on practical plans for the future.
In September 2018, the government presented measures to abolish the blame game for divorcing spouses and started a 12-week public survey to solicit feedback. It followed the high-profile case of Tini Owens, who had earlier that year lost a Supreme Court battle after failing to persuade judges that her "loveless" 40-year marriage should terminate. The Divorce, Dissolution, and Separation Bill was introduced in June 2019, and it was enacted in 2020, with the legislation set to take effect on Wednesday.
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