Divorce, Dissolution and Separation Act 2020: What Changed

The Divorce, Dissolution and Separation Act 2020 came into force on 6 April 2022, replacing the fault-based divorce system that had governed England and Wales for over fifty years. If you are filing for divorce now, the old rules — proving adultery, unreasonable behaviour, or two years' separation — no longer apply.

Here is what the new law actually means for you.

The Old System Was Broken

Under the Matrimonial Causes Act 1973, couples who wanted a divorce within two years of separation had to blame one spouse. The applicant needed to prove one of five "facts": adultery, unreasonable behaviour, desertion, two years' separation with consent, or five years' separation without consent.

This forced amicable couples to manufacture allegations of unreasonable behaviour just to access the court system, injecting hostility into proceedings that were otherwise cooperative. The case of Owens v Owens (2018) — where the Supreme Court refused to grant a divorce because the wife's allegations of unreasonable behaviour were not severe enough — exposed the cruelty of the old framework and accelerated calls for reform.

What the 2020 Act Changed

No-Fault Grounds

The single ground for divorce is now an irretrievable breakdown of the marriage. The applicant makes a statement to this effect. The court cannot investigate or challenge the statement — it is accepted at face value.

No blame. No allegations. No defending against accusations.

Joint Applications

For the first time, couples can file jointly. Both spouses submit the Form D8 as co-applicants, signalling to the court that the decision is mutual. Under the old system, one spouse always had to be the petitioner and the other the respondent.

No Contesting the Divorce Itself

A respondent can no longer defend the divorce on the merits. The only grounds for challenging the application are narrow procedural objections: disputing the court's jurisdiction, arguing the marriage is not legally valid, or claiming the application is fraudulent. The era of one spouse blocking a divorce indefinitely is over.

Mandatory Reflection Period

The 2020 Act introduced a mandatory 20-week reflection period between the court issuing the application and the applicant applying for a Conditional Order. This replaced the old six-week "decree nisi to decree absolute" gap with a longer, structured pause designed to give couples time to resolve finances and child arrangements before the divorce becomes final.

New Terminology

The Act replaced several terms that had been in use since the 1970s:

If you encounter older guidance using "decree nisi" or "decree absolute," it refers to the same stages under different names.

The Timeline Under the New Law

The minimum statutory timeline from application to Final Order is 26 weeks:

• Weeks 1–20: The 20-week reflection period runs from the date the court issues the application (not the date you submit it — there can be a gap of several weeks due to court processing times)
• Week 20+: Apply for the Conditional Order (Form D84)
• Weeks 20–26: A further 6-week-and-1-day cooling-off period after the Conditional Order is pronounced
• Week 26+: Apply for the Final Order

In practice, the average divorce in England takes 63 to 70 weeks due to court backlogs and unresolved financial settlements. The 26-week figure is the legal minimum, not the typical experience.

What Did Not Change

The 2020 Act reformed the grounds and process for divorce. It did not change:

• Financial settlements — The court still uses Section 25 of the Matrimonial Causes Act 1973 to assess how assets should be divided. Factors like income, needs, contributions, and pension rights still govern the outcome.
• Child arrangements — Parenting orders, custody agreements, and child maintenance remain governed by the Children Act 1989 and the Child Maintenance Service.
• The one-year rule — You still cannot file for divorce until you have been married for at least 12 months.
• Jurisdiction requirements — At least one spouse must be habitually resident or domiciled in England or Wales.
• The filing fee — The £612 court fee remains the same, along with the Help with Fees (EX160) scheme for low-income applicants.

What This Means for You

If you are filing now, the practical implications are straightforward:

1. You do not need to accuse your spouse of anything
2. You can file jointly if you are both in agreement
3. Your spouse cannot block the divorce
4. The process takes a minimum of six months
5. Financial settlements are separate and must be handled through a consent order

The England Divorce Filing Process Guide walks you through every stage of the no-fault process under the 2020 Act, from eligibility checks through to the Final Order, with checklists and worksheets for each step.

See more England guides →