Link to the full family law course: https://uklawweekly.gumroad.com/l/saecP

In this video I talk about the changes to family law instituted by the Divorce, Dissolution and Separation Act 2020 that recently came into force. This change revolutionises the law by opening up the possibility for no fault divorce.

Divorce is now more online thanks to the MyHMCTS system and joint applications are now a possibility for the first time when both parties intend for the marriage or civil partnership to end.

There is still a two stage process but instead of there being a decree nisi and decree absolute, there is now a conditional order and a final order. Once a conditional order is granted, a final order can be applied for after only six weeks.

Some of the old case law seems like it will still apply. For example, in Dennis v Dennis [2000] it seems possible that a procedural irregularity would make the final order invalid and in certain circumstances, the application can be refused altogether.

The single ground for divorce remains the irretrievable breakdown of the marriage but none of the 'facts' now need to proven. Instead a statement as to the irretrievable breakdown will be considered conclusive.

Divorce has many legal effects including:
Parties can remarry
Property/finance orders take effect
Certain financial benefits
Rights relating to the family home are lost
Duties in relation to children continue subject to orders by the court
Wills may be impacted

The Act also amends the situation for civil partnerships in a similar way.

Other methods of formally ending a relationship include decrees of judicial separation and where one of the parties is missing and presumed to be dead (Presumption of Death Act 2013).