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Government commits to date for introduction of No Fault Divorce

It has been announced that the Divorce, Dissolution and Separation Act 2020, which will allow couples to get divorced without putting one of them at fault, will come onto force on the 6 April 2022.

This is somewhat later than it was hoped, as the Act was expected to come into force in Autumn of this year, however it is now fixed in parliamentary record that no fault divorce will be available from the 6 April 2022.

The current facts relied upon to prove the marriage has broken down irretrievably, commonly referred to as:

  • Adultery;
  • Unreasonable behaviour;
  • 2 years separation with consent;
  • 5 years separation;
  • Desertion;

will be replaced with a need to provide a statement of irretrievable breakdown. There is the possibility to make a joint application, and the ability to contest a divorce will be removed.

This will not be a “quickie” divorce option as there is a need to wait 6 months from when the divorce petition is filed before you can apply for the final order, however, it will hopefully decrease animosity between parties.