The government has recently announced that the Divorce, Dissolution and Separation Act 2020, which will bring in no-fault divorce, will be delayed and will not come into force until 6 April 2022. The delay will enable the necessary IT changes to be made to the HMCTS online system and for these to be tested before use by the public.
The 2020 Act will amend certain provisions set out in the Matrimonial Causes Act 1973 and the Civil Partnership Act 2004. It will mean that couples will be able to file for divorce without having to rely on one of five facts to establish irretrievable breakdown of marriage, as is the case with the current system. Under the new legislation either a sole spouse or the couple jointly will need to make a statement, declaring that the marriage has broken down irretrievably. This will remove the aspect of fault and the placing of blame from the divorce process.
