Cohabitation Agreement
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Major Change in Divorce Law: No-Fault Divorce Now in Effect.
The UK has introduced sweeping reforms to divorce law, removing the need to assign blame and simplifying the process for separating couples.
As of 6 April 2022, the Divorce, Dissolution and Separation Act 2020 is in force across England and Wales. This landmark legislation removes the requirement for couples to cite fault-based grounds—such as adultery or unreasonable behaviour—when seeking a divorce.
Previously, under the Matrimonial Causes Act 1973, applicants had to prove fault or endure long separation periods. The new law introduces a no-fault divorce, allowing couples to state that the marriage has irretrievably broken down without assigning blame.
Key Changes:
- Couples no longer need to provide evidence of fault.
- A new minimum 20-week reflection period is introduced between application and conditional order.
- Joint applications are now permitted, allowing both parties to initiate proceedings together.
- The terminology has changed: Decree Nisi is now referred to as a Conditional Order, and Decree Absolute is now referred to as a Final Order.
Why It Matters:
The reforms aim to reduce conflict, support amicable separation, and protect children from the fallout of adversarial proceedings. The change follows decades of campaigning and a pivotal Supreme Court case in 2018, which highlighted the limitations of the old fault-based system.
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