Currently a person seeking a divorce needs to prove that their marriage has broken down irretrievably because of one of five ‘facts’: 1) that they have been separated for two+ years (if agreed); 2) that they have been separated for five+ years (whether or not agreed); 3) that they have been ‘deserted’; 4) that their spouse has committed adultery; or 5) that their spouse has behaved unreasonably. Accordingly, unless a person is willing to wait two+ years after separation, criticism of your spouse is unavoidable.
Under the DDSA, however, you will need only say that the marriage has broken down irretrievably, with no supporting fact needed. Furthermore, couples will be able to jointly apply for divorce.
On the other hand – perhaps in response to criticism that divorce will become ‘too easy’ – the DDSA imposes a minimum timeframe of 20 weeks to give parties ample time to reconsider whether they really want to divorce.
Ultimately the aim of this legislative overhaul is to reduce conflict and upset and allow divorcing couples to focus on resolving financial issues and agreeing arrangements in respect of any children.
Whether you’re in the early stage of considering a divorce, separation of civil dissolution, or are certain you need a solicitor to represent you, we can help - just call 01926 354704 or email: CarlineG@moore-tibbits.co.uk or KarolK@moore-tibbits.co.uk
Article by: Karol Kaliczak | Barrister