The Divorce, Dissolution and Separation Act (DDSA) 2020 received royal assent on the 25th June 2021 and has come into force from the 6th April 2022. This act has been heralded as the largest reform to divorce law in the previous 50 years, this post will discuss the impact on partners following the implementation of the DDSA and any areas for improvement.

The act will effect separating partners in a positive manner, as the reforms have been conducted to reduce animosity and encourage a peaceful break. Below are the reforms to the legal requirements for divorce that will have immediate effect from the 6th April 2022.

The requirement for one of ‘five facts’ to be evidenced is abolished, instead divorcing partners must prove a sole ground for divorce – the irretrievable breakdown of the marriage.

• The ‘five facts’ (adultery, unreasonable behaviour, desertion, agreement of parties within two years separation or single party after five years separation) are now defunct. Instead a single mechanism is in place: irretrievable breakdown.

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It is no longer possible for a partner to contest a divorce and the court will take a statement of irretrievable breakdown of the marriage from one partner to be conclusive evidence.

• Removing the possibility for costly and distressing litigation…
• In Owens v Owens [2018] UKSC 41 we saw a divorce contested or rather ‘defended’ and highlighted a difficulty within the previous divorce law.
• Mrs Owens claimed irretrievable breakdown of her marriage to Mr Owens, citing unreasonable behaviour as a fact under the previous requirement of the ‘five facts’. Mr Owens contested this on the basis that his actions had not been unreasonable in the context of marriage.
• As a result, the court found Mrs Owens had exaggerated the seriousness of the allegations and thus her petition was dismissed. Although appealed multiple times, the court came to the conclusion that Mr Owens did not behave in a way that made Mrs Owens unable to live with him (under a reasonable expectation).
• Despite ruling in favour of Mrs Owens… the Supreme Court noted their unease with the decision and seemingly invited Parliament to consider a law change.

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The Divorce, Dissolution and Separation Act 2020 is in line with the current governments approach to family law

• The current approach encourages acrimony within families to reduce conflict and potential damage upon children.
• The DDSA allows for a joint application to be made if a partnership seek to dissolve the marriage jointly.
• Joint applications for divorce have been available in jurisdictions around the world for some time, but never before in England & Wales…
• A minimum period of 20 weeks from the start of proceedings until the end has been introduced to provide more time for litigants to make practical arrangements. Yet it is worth noting that due to the lengthy process, practically this time period will not change much.

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An attempt to make divorce easier for ‘litigants in person’

• Litigants in person are essentially persons involved in legal proceedings decide to represent themselves without professional legal advice or advocacy.
• This is fraught with issues and often isn’t a situation of choice rather necessity as the litigant cannot afford the cost of legal fees.
• Language such as Decree Nisi and Decree Absolute will be replaced with Conditional Divorce Order and Final Divorce Order to make divorce more ‘user friendly’.

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So… Does the Divorce, Dissolution and Separation Act 2020 make divorcing easier for partners…?

• Ever since the DDSA was proposed, there were concerns that divorce would be made ‘easier’ and would result in the institution of marriage being weakened.
• In reality, divorcing a partner is a gruelling process that is by no means easy! It is a difficult decision that will have life-long impacts.
• However, the DDSA will smoothen the process for divorcing partners, ensuring they separate in an amicable manner and reducing the damage felt by children in a divorcing family.

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Did the DDSA satisfy the thirst for reform of divorce?

Despite being a positive advancement, the act missed an opportunity to provide protection to parties suffering domestic violence within a marriage , with 2.3 million people suffering from domestic abuse in 2020 this is a major oversight by the legislator. The DDSA maintains the 1-year rule seen in the Matrimonial Causes Act 1973 which requires partners in a marriage to remain together for a one-year period before petitioning for divorce, this is justified by the importance of marriage commitments, with the legislator instead claiming protective orders are able to protect victims. It has been suggested that the DDSA take a similar stance as Spain, where their law 15/2005 allow a spouse to apply for divorce 3 months after marriage and completely extinguishing any time limit where there is a threat to life, freedom, or physical/sexual integrity.

Disclaimer: This blog post provides an overview of the topic and does not constitute legal advice. If you require specific legal guidance or information, consult a qualified legal professional.