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A Guide to the New Divorce Laws Effective April 20, 2022

A divorce is a legal end to a marriage that can only be obtained through the Court system. Due to their fault-based nature and promotion of a blameworthy culture between the divorcing couple, the existing divorce laws under the Matrimonial Act 1973 have been heavily scrutinized in recent years.The new Divorce, Dissolution, and Separation Act 2020, which goes into effect in April 2022, eliminates the need to assign blame and provides a foundation for a quick resolution, minimizing the impact on children, if any are involved, and allowing parties to move on because the option to contest has been removed.This article will examine the changes brought about by the new law, as well as the process and the implications for those who are affected by it.

The same modifications have been made to dissolution and judicial separation orders.

An overview of the new divorce procedure (effective April 20, 2022):

The process of obtaining a divorce consists of four steps:

1. Filing a Divorce Petition

The party requesting a divorce must complete an online application or Form D8 and file it with their regional divorce center.If a party is legally represented or wishes to dissolve a Civil Partnership, this is a requirement. Following the implementation of the new laws, both divorcing couples can file an application, as opposed to one under the current laws, indicating a shift toward a reconciliatory process.

The only basis for divorce is the irreversible breakdown of the marriage. Current law requires the applicant to demonstrate fault by demonstrating adultery, desertion, separation for two years if divorce is agreed upon, or five years if divorce is not agreed upon, and unreasonable behaviour due to domestic violence, drug use, refusal to pay for living expenses, and/or verbal abuse.

Beginning in April 2022, the party will no longer be required to prove fault, instead submitting a statement of irretrievable breakdown of a marriage or a joint statement if both parties have applied for divorce.

2. Response from the wife or husband

Following receipt of the application, the court will notify the other party and request an acknowledgement of service as well as a response from them. The responding party must state whether or not it received the divorce papers, whether or not it agrees with the reason for divorce, and whether or not it contests the divorce. If the application is submitted by mail, the response must be sent within 8 days of receipt, or within 7 days if submitted online.If a party objects to the divorce, he or she must complete a 'answer to divorce' form. The applicant may also apply for a decree nisi. One of the most significant changes brought about by the new law is that parties will no longer be able to contest divorce, preventing them from manipulating the process, particularly domestic abusers seeking to control their victim.

3. Apply for a Nisi decree (known as Conditional decree of divorce after Autumn 2022)

This is the process's penultimate stage, indicating that neither party disputes the proceedings and that the court sees no problem with divorce being granted.

According to current divorce laws, an application at this stage must confirm that the information provided in the application form is true by filing a statement, i.e. a Statement in Support of Divorce/Judicial Separation on the Grounds of Adultery. Each fault criterion has a statement available: unreasonable behavior, desertion, and separation, which will no longer apply after Autumn 2022.

The parties are granted a certificate if the judge agrees. The couple will then need to apply for an absolute decree, which will formally finalise the divorce lawyers.

4. Make an application for an absolute decree (known as Final decree of divorce after Autumn 2022)

This is the last step in the divorce process and the legal document that officially ends the marriage.

At this point, the court will determine whether all time limits have been met and whether there are any other reasons to deny the divorce. The couple is officially released from their matrimonial obligations once the final decree, formerly known as decree absolute, is granted.

What are the consequences of these changes?

The passage of this Act was long overdue and necessary in order to reform the onerous implications of 'fault divorce' under previous laws. Such changes are welcomed in the hope of benefiting not only the couple but also their children. Couples will no longer have to wait two years after their separation to file for divorce, and another Owens scenario will be impossible. The process has been significantly simplified and is conducive to a quick resolution, as well as reducing the possibility of further animosity between couples.

Top-Rated Family Lawyers in Perth Can Assist You.

Any legal procedure involves so many rules and documents that it is always advisable to seek legal counsel from an experienced attorney. Top-rated Family Law Solicitors Perth can assist you in reaching an agreement or obtaining the most favorable court order for you.