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Child custody can be the most emotive issue in a divorce, the law will decide who is the primary carer of a child, and where a child should live, quite often it..link
Major Change in Divorce Law: No-Fault Divorce Now in Effect.
The UK has introduced sweeping reforms to divorce law, removing the need to assign blame and simplifying the process for separating couples.
As of 6 April 2022, the Divorce, Dissolution and Separation Act 2020 is in force across England and Wales. This landmark legislation removes the requirement for couples to cite fault-based grounds—such as adultery or unreasonable behaviour—when seeking a divorce.
Previously, under the Matrimonial Causes Act 1973, applicants had to prove fault or endure long separation periods. The new law introduces a no-fault divorce, allowing couples to state that the marriage has irretrievably broken down without assigning blame.
Key Changes:
- Couples no longer need to provide evidence of fault.
- A new minimum 20-week reflection period is introduced between application and conditional order.
- Joint applications are now permitted, allowing both parties to initiate proceedings together.
- The terminology has changed: Decree Nisi is now referred to as a Conditional Order, and Decree Absolute is now referred to as a Final Order.
Why It Matters:
The reforms aim to reduce conflict, support amicable separation, and protect children from the fallout of adversarial proceedings. The change follows decades of campaigning and a pivotal Supreme Court case in 2018, which highlighted the limitations of the old fault-based system.
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Solicitors.com are not a firm of solicitors, and any content on the site should not be used in substitute for obtaining Legal advice from a solicitor regulated in the UK, Solicitors.com recommends that you contact a firm of solicitors to discuss your individual legal requirement. Whilst we strive to bring you accurate up to date content, all content on this site is not legal advice and is not guaranteed to be correct. Use of this site does not create a client relationship.
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