The Divorce, Dissolution and Separation Bill is due to come into force on April 6, 2022, resulting in significant changes for both divorcing couples and family practitioners alike.

These are the key changes.

Removal of the ‘Five Facts’

Currently, to get a divorce you need to demonstrate that your relationship has irretrievably broken down, by establishing that one of the following five facts exists:

  • your partner has committed adultery
  • your partner’s unreasonable behaviour has caused the relationship to break down
  • you have been separated for two years and your partner consents to the divorce
  • you have been separated for five years
  • your partner has deserted you

Under the new legislation, the Petitioner will assert that the relationship has irretrievably broken down but there will be no need to prove this.

Removal of the possibility to contest a divorce

The new legislation also removes the possibility to contest a divorce. However, all divorce applications could still be challenged on the bases of jurisdiction, the legal validity of the marriage, fraud or coercion and procedural compliance.

Joint application

The new procedure will enable couples to jointly file the petition. This can be helpful when the decision to separate is a joint one and neither party is to blame.

Changes in language

The terms ‘Decree Nisi’ and ‘Decree Absolute’ will be replaced with ‘Conditional Order’ and ‘Final Order’ which more accurately describe the relevant stages of the divorce process.