Divorce, Dissolution and Separation Act 2020
Jurisdiction | UK Non-devolved |
- “(1) Subject to section 3, either or both parties to a marriage may apply to the court for an order (a “divorce order”) which dissolves the marriage on the ground that the marriage has broken down irretrievably.
- (2) An application under subsection (1) must be accompanied by a statement by the applicant or applicants that the marriage has broken down irretrievably.
- (3) The court dealing with an application under subsection (1) must—
- (a) take the statement to be conclusive evidence that the marriage has broken down irretrievably, and
- (b) make a divorce order.
- “(1) Either or both parties to a marriage may apply to the court for an order (a “judicial separation order”) which provides for the separation of the parties to the marriage.
- (1A) An application under subsection (1) must be accompanied by—
- (a) if the application is by one party to the marriage only, a statement by that person that they seek to be judicially separated from the other party to the marriage, or
- (b) if the application is by both parties to the marriage, a statement by them that they seek to be judicially separated from one another.
- “(1A) An application under subsection (1) must be accompanied by a statement by the applicant or applicants that the civil partnership has broken down irretrievably.
- “(4) The court dealing with an application under subsection (1) must—
- (a) take the statement to be conclusive evidence that the civil partnership has broken down irretrievably, and
- (b) make a dissolution order.
- “(6) Without prejudice to the generality of section 75 of the Courts Act 2003, Family Procedure Rules may make provision as to the procedure for an application under subsection (1) by both civil partners to become an application by one civil partner only (including provision for a statement made under subsection (1A) in connection with the application to be treated as made by one civil partner only) .
- “(1) Every dissolution order—
- (a) is, in the first instance, a conditional order, and
- (b) may not be made final before the end of the period of 6 weeks from the making of the conditional order (the “first prescribed period”) .
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