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Divorce changes

16 Jul 2020

New laws to spare divorcing couples having to apportion blame for the breakdown of their marriage took a step closer this week, as a Bill seeking to reduce family conflict gained Royal Assent.

Currently, one spouse has to make accusations about the other’s conduct, such as ‘unreasonable behaviour’ or adultery, or otherwise face years of separation before a divorce can be granted – regardless of whether a couple has made a mutual decision to separate. The new laws will instead allow a spouse, or a couple, to apply for divorce by making a statement of irretrievable breakdown. This aims to end the needless “blame game” between couples and parents.

Crucially, a new and extended minimum timeframe of six months from the initial application stage to the granting of a divorce will also be created. This will offer couples the time to reflect and turn back, or where reconciliation is not possible agree important arrangements for the future – such as how best to look after their children. The changes will not come into effect until later next year to allow careful implementation of the necessary changes to court, online and paper processes.