The Divorce, Dissolution and Separation Act 2020 came into force on 6 April 2022. The Act removes the requirements to establish one of the five facts contained in section 1 (2) Matrimonial Causes Act 1973 to establish irretrievable breakdown of the marriage. Therefore, married couples are allowed to divorce without assigning blame. This is known as no-fault divorce and is designed to reduce the conflict that often accompanies divorce. There are significant amendments made by the new Act. These include: • Changes to terminology, a Petitioner (the person who initiates divorce proceedings) becomes an Applicant; • A Decree Nisi is now known as a Conditional Order and Decree Absolute (the Final Order that concludes the divorce process) becomes a Final Order. • As the requirement to provide evidence that one of five facts caused the irretrievable breakdown of the marriage is now replaced with a simple requirement to provide a statement that the marriage has broken down irretrievably. • The only grounds on which a divorce or dissolution may be disputed are as to the validity or subsistence of the marriage or civil partnership, or as to the jurisdiction of the court to consider the proceedings. One major change is that for the first time both parties may make a joint application for a divorce or dissolution to the marriage or civil partnership. Given the significant overhaul, it is essential that you contact expert divorce specialists for advice and assistance on commencing and filing an application for a divorce, dissolution or judicial separation. Duncan Lewis divorce solicitors will support you through the legal divorce procedure and give you advice and a clearer understanding of your family, home and financial rights on divorce. Please visit our website or call us directly on 033 3772 0409
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