Peter Burgess and Shaili Desai evaluate no-fault divorce
On 6 April 2022, divorce law in England and Wales changed for the first time in 50 years, with the introduction of ‘no-fault divorce.’
This long-awaited change has been enacted into law by way of the Divorce, Dissolution and Separation Act 2020. The primary changes are:
- One party no longer needs to cite a reason for the marriage breaking down. The most common such ground was that the respondent had behaved in such a way that the applicant could not reasonably be expected to live with the respondent (so called ‘unreasonable behaviour’). Similarly, one party does not need to rely on the other facts available to petition for divorce under the old laws: adultery, desertion, two years’ separation...
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