Guidance from the President of the Family Division: the Divorce, Dissolution and Separation Act 2020

FamilyFamily CourtPresident of the Family DivisionSir Andrew McFarlanePractice Guidance

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The Divorce, Dissolution and Separation Act 2020 amends the Matrimonial Causes Act 1973 and the Civil Partnership Act 2004 to remove fault-based concepts in proceedings for divorce, dissolution and (judicial) separation.

This is a fundamental change which will affect the way in which the courts deal with applications.

The President of the Family Division has issued this guidance in order to explain the impact of this change on the court’s approach to costs.

The amendments made by the 2020 Act take effect from 6 April 2022 and this guidance applies to applications issued on or after that date.