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The Divorce, Dissolution and Separation Act 2020 comes into force on Wednesday 6 April, the so-called no-fault divorce. This much anticipated reform to divorce law will change the way divorce is approached and conducted. The absence of blame in the divorce process is expected to reduce hostility and acrimony that currently can enter the divorce path, which in the past has often led to a level of rancour that affects all the dealings between the parties.
From 6 April all a couple will have to do the start the process of divorce is for one or both parties to give notice that the marriage has broken down and application for a divorce order is made, this statement will be accepted a evidence that the marriage has broken down. The new Act provides for a period of reflection to ensure that the couple are absolutely certain that divorce is the course of action they both wish to take. After 20 weeks a conditional order is granted, this replaces the decree nisi. Following this, if the couple still wish to divorce, a Final Order is made to end the marriage, instead of a Decree Absolute.
There are very limited circumstances in which a no-fault divorce can be contested. One such situation is, in the case of a cross-border divorce where the question of the validity of the jurisdiction can be called into question. The court in which a divorce in heard must be the one deemed most appropriate which has the closest connection to the parties involved. A divorce embarked upon through a court that is not considered to be so can be challenged as to whether it is the jurisdiction with the closest connection. Another situation that can provoke challenge is if the validity of the marriage or civil partnership is questioned. Also, if irregularities are found in compliance with the divorce procedure, this will result in an objection.
The financial arrangements, including the division of the marital assets and child arrangements will be continue to be heard before the court as they are now. Both issues being notoriously open to prolonged and antagonistic disputes. A couple can limit the potential for financial disputes, should the worst happen and the marriage breaks down, by having the foresight to draft either a pre-nuptial agreement or a post-nuptial agreement. Fair pre-nuptial agreements have been considered binding in law since the landmark Supreme court decision in 2019 relating to the case of https://www.supremecourt.uk/cases/uksc-2009-0031.html
Radmacher –v- Granatino where the court decided that fair prenuptial agreements entered into by the free will of the parties, without undue influence and in the full knowledge of all the legal and financial implications, had legal weight.
Daniel Theron, a partner, commented “this is a turning point in divorce law. By allowing couples to part without having to find a reason, often spurious, where there is no reason acceptable to the previous law is a welcome reform that will protect victims of domestic abuse who previously had to run the gauntlet of exposing an abusive spouse in their attempts to be free of abuse” Daniel further pointed out “the consequences of the Divorce, Dissolution and Separation Act 2020 will be far reaching in several ways, helping to maintain a civil relationship between former spouses, particularly where there are children of the marriage.”
Giambrone & Partners family lawyers are skilled in managing sensitive financial arrangements and child arrangements, especially related to cross-border divorce. Our highly experienced lawyers will guide you through the new procedure.
Daniel Theron has a degree and post-graduate degree in law from University of Pretoria and QLTT transfer One World College and BPP in London. He advises clients in family law, employment, cross-border debt recovery and defamation. Daniel has extensive expertise in contentious cross-border family law and complex financial arrangements.
Daniel is meticulous in his analysis of the merits of a matter and tenacious in his pursuit of a successful outcome for clients. He has an excellent level of achievement, in excess of his clients’ expectations.
Daniel speaks English and Afrikaans
If you would like to have more information about the no-fault divorce please contact Daniel’s clerk Sam Groom at [email protected] or please click here