Divorce, Dissolution and Separation Act 2020 (DDSA)

The Divorce, Dissolution and Separation Act 2020 (DDSA) is the biggest reform in half a century, designed to allow married couples to issue divorce proceedings without assigning blame, aiming to reduce conflict and allegations of blame.

The DDSA allows couples to apply for divorce, dissolution, or separation together, making both equally responsible for the application.

A 20-week period between the start of proceedings and applying for a conditional order, plus a 6-week minimum between the conditional order and final order, introduces a period for reflection and issue resolution.

The DDSA removes the ability for the other party to challenge divorce proceedings, helping domestic abuse victims avoid further coercive control.

The Act removes the need to provide evidence of conduct or separation facts, making the process less costly and simpler for applicants.

Applications for judicial separation can be made jointly or separately, with the option to switch from joint to sole applications.

Solicitor Tracy Talbot praises the changes for reducing conflict and stress, and allowing focus on asset division and child arrangements.

The Divorce, Dissolution and Separation Act 2020, in force from 6 April 2022, was the biggest reform of divorce law in England and Wales for 50 years. It replaced the old fault-based system with a no-fault procedure that removes blame from the legal process and allows couples to end a marriage without making accusations against each other.

Under the new law, either spouse, or both jointly, can apply for divorce on the single ground that the marriage has broken down irretrievably. There is no need to prove adultery, unreasonable behaviour or separation periods.

The procedure has a minimum timetable of around 26 weeks. After the application is issued, there is a mandatory 20 week period of reflection before a Conditional Order can be granted. After the Conditional Order, a further 6 week wait is required before a Final Order (which ends the marriage) can be applied for.

In practice, most divorces take 6 to 9 months from start to finish. Financial settlements and child arrangements can run alongside the divorce or after the Final Order.

Importantly, the financial side of divorce did not change. The court still has wide discretion under the Matrimonial Causes Act 1973 to divide assets fairly, taking into account the welfare of any children, the income and needs of each spouse, the length of the marriage, and a long list of statutory factors. Financial settlements still need to be formalised in a consent order to give both parties a clean break.

Child arrangements also operate under the existing Children Act 1989 framework. The same welfare-paramount approach applies.

Can my spouse stop the divorce?

Under the new law, the divorce can only be defended on very limited grounds (jurisdiction, validity of the marriage, fraud or coercion). The reform effectively removed the old contested divorce.

Do I have to use a solicitor?

No, but we strongly recommend it where there are children, property, pensions or a business. The divorce itself is procedural; the financial settlement is where most disputes arise.

What about civil partnerships?

The same no-fault approach applies to dissolution of civil partnerships from 6 April 2022.