The government announcement that the Divorce, Dissolution and Separation Act 2020 will be delayed by at least six months will disappoint many separated couples seeking to divorce in the most amicable way and with the least impact on their children.
The Act, which was due to come into force in October, will now be delayed until next April.
Parliamentary under-secretary of state at the Home Office and Ministry of Justice, Chris Philp, described the delay as “unfortunate” but said it was “essential” government “take the time to get this right”.
While we understand the importance of making sure everything is in place and appreciate that the courts must be given the necessary time to ensure a smooth process when the law is brought in, this delay will leave some couples who had been ‘waiting’ with no other option but to begin the process, citing unreasonable behaviour or adultery.
This immediately adds a contentious element into their divorce, which could have a negative impact for them and their children.
This legislation has been a long time coming and, while this delay is frustrating, at least separating couples can be certain that the option to separate amicably and minimise the emotional distress on both partners and any shared children is on its way.
Laura Somoza has worked in Mogers Drewett’s family team since 2012 and currently assists it with a range of financial and children matters. She has a specific interest in cohabitation matters.
