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No fault divorce delayed until 2022
It has recently been announced that the Divorce, Dissolution and Separation Act 2020, will not come into force until 6 April 2022, and not this autumn as the government originally planned, despite it receiving royal assent a year ago. This date is later than originally indicated, and we understand this is to allow time for the necessary IT changes to be made to HMCTS’s online divorce systems. However, the 6th April 2022 is now fixed as a matter of Parliamentary record, rather than the indicative timetable previously being worked towards.
This means that ending a marriage without legal blame at the request of just one partner will not come into effect in 2021 and people will have to wait until 2022 if that is how they want to divorce.
As it currently stands, the divorce law in force dating from the 1970’s requires a period of 2 years separation before a divorce can be granted by consent. If you haven’t been separated for 2 years the law requires reasons of fault to be relied upon such as adultery or unreasonable behaviour.
A couple can be divorced after five years separation if one declines to end the marriage.
Talk to our trusted and caring family law solicitors for advice specific to your circumstances if you are looking to separate from your partner, or you have already separated and want to take the next step to divorce proceedings.
