I AM L.I.P

I AM L.I.P

I am a Litigant In Person

Divorce Legislation

 

DIVORCE LEGISLATION

Below are listed some acts which may be helpful in your case –

ACTS

  • Matrimonial Causes Act 1973 –
    • Previous divorce law – NO LONGER VALID
    • For divorce – You need prove one of the 5 facts (grounds for divorce) in order to be granted a divorce.
      • Ground – irretrievable breakdown (Section1(1) Matrimonial Causes Act 1973)
      • Facts –
        • Adultery (Section 1(2)(a) Matrimonial Causes Act).
        • Behaviour (Section 1(2)(b) Matrimonial Causes Act).
        • Desertion (Section 1(2)(c) Matrimonial Causes Act).
        • 2yr separation (+consent) (Section 1(2)(d) Matrimonial Causes Act).
        • 5yr separation (no consent) (Section 1(2)(e) Matrimonial Causes Act).
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  • Civil Partnership Act 2004-
    • Previous divorce law – NO LONGER VALID
    • For dissolution – You need prove one of the 5 facts (grounds for dissolution) in order to be granted a dissolution.
      • Ground – irretrievable breakdown (Section 44(1) Civil Partnership Act 2004).
      • Facts –
        • [no equivalent to adultery].
        • Behaviour (Section 44(5)(a) Civil Partnership Act).
        • Desertion (Section 44(5)(d) Civil Partnership Act).
        • 2yr separation (+consent) (Section 44(5)(b) Civil Partnership Act).
        • 5yr separation (no consent) (Section 44(5)(c) Civil Partnership Act).
  • The Divorce, Dissolution And Separation Act 2020 –
    • This reforms the legal requirements and process for divorce.
    • It aims to reduce the potential for conflict amongst divorcing couples by –
      • Removing the ability to make allegations about the conduct of a spouse.
      • Allowing couples to end their marriage jointly.
      • Introduces a minimum period of 20 weeks between the start of proceedings and the application for conditional order. This is a period of reflection, a chance to reconsider, or plan ahead.
    • Instead of having to attribute blame to one party, a couple can mutually cite irretrievable breakdown as the sole ground for wanting to obtain a divorce. You will not have to provide evidence about bad behaviour.
    • These new laws prevent of victims of domestic abuse from being trapped by their abusive spouses when/if the latter contests the divorce.
  •  Matrimonial Causes Act 1973 –
    • Section 3 – 
      • You can’t petition for divorce/apply for dissolution within the first year of the marriage/civil partnership.
  • Civil Partnership Act 2004 –
    • Section 41 –
      • You cannot petition for divorce/apply for dissolution within the first year of the marriage/civil partnership.

CASES

  • Owens v Owens [2018] UKSC 41
    • There is no need to prove that the fact caused the breakdown.