Divorce, Dissolution and Separation Act 2020 (DDSA)

What you need to know:

The DDSA is the biggest reform in half a century, and comes into force on the 06th April 2022 and is going to bring some big changes! This new law is designed to allow married couples to issue divorce proceedings without assigning blame, it is hoped that this will reduce the impact that conflict and allegations of blame can have on families. Keep reading for details on some of the main changes this new law will bring!

1. Joint Applications

As well as sole applications, the DDSA will allow for the first-time couples to apply for a divorce, dissolution, or separation together. Both will be equally responsible for the application, and if there is a breakdown of communication with the couple it is possible to ‘switch’ the application to a sole application.

2. The new minimum time frame (26 weeks)

There is now a 20-week period between the start of the proceedings (when the court issues the application) and when the applicant(s) may apply for a conditional order, and a minimum timeframe of 6 weeks between the conditional order and when the order can be made final. Therefore, introducing a period of reflection and allow couples to resolve issues such as child or financial arrangements.

3. Removing the ability to defend

The DDSA has removed the ability for the other party to challenge the divorce proceedings, this is to help domestic abuse victims from being further abused by their spouse as previous law allowed them to exercise further coercive control.

4. Removing the requirement to provide evidence of conduct or separation facts

One of the largest changes to divorce law is the removal of the need to provide evidence of conduct or separation facts, the new act removes the need to prove adultery or unreasonable behaviour, thus removing the potential cost that comes with defended applications. The new alternative provided by the DDSA is for the applicant to provide a statement of irretrievable breakdown, making the process potentially less costly for clients.

5. Judicial Separation

Judicial separation allows couples to live apart, without divorcing or ending a civil partnership. Under the new law applications can either be made separately or jointly. If an application is started jointly but the parties decide they can no longer continue with it, it is possible to switch the application from joint to sole.

Comments from our family law solicitors:

	Jo Harriman (Partner) – “These changes are fantastic news for couples with a wish to reduce potential conflict as a result of a separation, allowing couples to end their marriage jointly, avoiding the need to apportion blame for the breakdown of the marriage on the other spouse”.
	Tracy Talbot (Associate Solicitor) – “These new changes couldn’t come soon enough. Removing the element of blame in a divorce will not only reduce the acrimony and stress between the parties but it will enable them to concentrate on the more important aspects of their case such as the division of assets and the arrangements of the children”

It is an exciting time for the family department at Symes Bains Broomer as we get used to this landmark change, we are committed to training and making sure we are current on every aspect of the new law coming into force on the 06th April. If you would like any further information on the divorce process or have any queries, please contact one of our team using the email addresses below, or alternatively contact us on 01724 281 616 and ask to speak to one of our team –