Don’t think that we are currently going through times of re-building and re-setting only. Parliament has speedily enacted a new, though long-awaited law providing for clear splits and cuts: the new Divorce, Dissolution and Separation Act 2020. We have explored its wider context to answer some questions that may spring to our reader’s minds:

Why do we need a new Divorce, Dissolution and Separation Act?

Calls for reforms of our divorce laws have been raised for over more than three decades. The Divorce Reform Act 1969 backed the concept of the irretrievable breakdown, the sole ground on which a petition for divorce or separation can be brought. The Matrimonial Causes Act 1973 incorporated the 1969 Act’s five facts, one which has to evidence this breakdown. The Family Law Act 1996 sought to respond to concerns about this latter requirement and to address calls for a no-fault divorce. The Act introduced a scheme entailing six types of information meetings couples had to engage in prior to any divorce or separation proceedings. However, as it was failing – according to comprehensive research – to achieve its aim to minimise acrimony and stress, the scheme was never implemented.

Campaigners such as Resolution, Marriage Foundation and Nuffield Foundation increasingly reiterated claims for no-fault divorce over the past three years, claiming that ‘divorce by consent’ or ‘on demand’ would be masked by painful and destructive rituals. They also raised that courts increasingly had to fill gaps left by legislators. Instead, new and simple civil registration and termination processes would have to reflect changing times and the phenomenon of a multiplicity of relationships.

Concerns were confirmed in the case of Owen v Owen (2018) when a woman lost her Supreme Court case as she had failed to prove that her husband’s behaviour was unreasonable. In addition, as her husband did not consent to the divorce, she ought to have left her husband at least five years prior to bringing proceedings under the current law. Being dissatisfied with their judgement, Lady Hale and Lord Wilson stated, that it is not for the courts but for Parliament to change the law. Subsequently, in September 2018, the Government opened a consultation process under the title Reducing Family Conflict, thereby clearly indicating their commitment to address the most disturbing effects of ongoing quarrels: the marks on depending children.

How does the new Act look like?

The new Act is concerned with divorces, dissolution, and judicial separations processes and connected purposes. It is a remarkably clearly laid out under three headings and one Schedule, all on 20 pages only.

Terminology has been replaced and modernised: the ‘Decree Nisi’ and ‘Decree Absolute’ have been replaced by ‘Conditional Order’ and ‘Final Order’ respectively and petitions and petitioners have become applications and applicants.

What will change under the new Act?

Either or both parties will be able to apply for divorce, dissolution, or separation. The requirement to establish facts or, as in the case of judicial separation factual grounds, has been removed in all three types of proceedings. Instead, applicants are asked to draft a statement that the marriage or civil partnership has broken down irretrievably.

The Act prescribes two time periods: the time between lodging an application and the grant of a Conditional Order must be 20 weeks (as opposed to six weeks and 1 day); another six weeks must pass before the grant of the final order.

Why will it take so long for no – fault divorce to be launched?

Reforms under the new Act require familiarisation with new court forms and processes; they also promote the use of an online portal, among other changes. Therefore, as Lord Chancellor Robert Buckland puts it, “time needs to be allowed for careful implementation”. This makes it more likely that no-fault divorces will only be implemented in late 2021, potentially even early 2022. Given that in 2019 the ONS found that 42% of all marriages ended in divorce, changes might not come a day too soon for affected couples.

What can we expect from the Divorce, Dissolution and Separation Act 2020?

Family Law Practitioners expect more clarity and accessibility for their clients under the new Act. Margaret Heathcote, chair of family law group Resolution, said lawyers will be better able to support couples to resolve matters ‘as constructively and amicably as possible, minimising the impact on any children they may have’. This appears to be in line with the Governments’ ambitions under their Consultation process: to promote positive relationships towards co-parenting, remove some of the damaging harm of parental conflicts and to allow for more reflection time and counselling.

Is the new Act univocally welcomed?

Concerns have been raised that the new Act might introduce a ‘Quickie Divorce’ and encourage a ‘divorce on demand’. Concerns have also been expressed by Law Society President Simon Davis, who argues for changes to the notice period. Starting the notice period when the divorce application is received by the respondent rather than when the divorce is applied for would ensure that both partners are on the same page from the start and have sufficient time to seek the legal and financial advice they need.

Two common themes have shaped the Act and its enactment process: the unconditional recognition of various types of relationships that are intended to be binding and the significance of constructive engagement for the achievement of wider societal stability. This should be sufficient to create a new level playing field for couples, their dependants, and the supporting legal advocates.