No fault divorce and dissolution of civil partnerships
Until now, the only ground for divorce or dissolution of a civil partnership was ‘irretrievable breakdown’. In relation to divorce, the petitioner was required evidence this irretrievable breakdown by proving one of 5 facts, as follows:
- Adultery
- Unreasonable behaviour
- Desertion
- Separation for 2 years, with the consent of both the petitioner and respondent
- Separation for 5 years
Adultery was not a fact that could be relied upon by petitioners applying for dissolution of a civil partnership. A petitioner for dissolution had to prove either unreasonable behaviour, desertion or 2/5 years separation.
As such, ‘no-fault’ divorce/dissolution was not possible until parties have been separated for a period of 2 years (if consent of the respondent is forthcoming) or 5 years (in the absence of consent). This has meant that either fault must be proven, which would often heighten animosity between the parties, or significant delay would be incurred. The delay was of particular concern to petitioners where the co-operation and consent of the other party was not forthcoming, leaving them with no choice but to either cite fault of the other party or wait for 5 years. This often led to difficulties in addressing matrimonial finances, preventing people moving on with their lives.
The Divorce, Dissolution and Separation Act 2020 comes into effect on 6th April 2022 and brings with it the long-awaited modification to the law in this area and allows, for the first time, divorce and dissolution of civil partnerships on a no-fault basis, without the need to wait for 2 or 5 years.
So, what is no fault divorce? Please follow this link to read this article in full.