Proceedings under the Divorce, Dissolution and Separation Act 2020

Key provisions of DDSA 2020

The Divorce, Dissolution and Separation Act 2020 (DDSA 2020) 6 April 2022 and has been referred to as the biggest reform of divorce law in England and Wales for 50 years. It removed the requirement to establish one of the five facts contained in section 1(2) of the Matrimonial Causes Act 1973 (MCA 1973) to establish irretrievable breakdown of the marriage and allows married couples to divorce without assigning blame, popularly known as ‘no-fault divorce’. There are equivalent provisions amending the Civil Partnership Act 2004 (CPA 2004). The aim of the changes is to reduce conflict between couples who are either married or are in a civil partnership.

DDSA 2020 makes significant amendments to MCA 1973 and CPA 2004.

In summary, with effect from 6 April 2022, changes that were introduced by DDSA 2020 included that:

  1. while the irretrievable breakdown of the marriage or civil partnership is retained as the sole ground for divorce or dissolution, the requirement to prove evidence of one of the five facts under

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High Court judgment demonstrates usefulness of section 423 of the Insolvency Act 1986 in Schedule 1 claims (Re P (A Child) (Financial Provision))

Family analysis: In this Schedule 1 case the mother received, for her son’s benefit: a housing fund of nearly £1m (the property to be held on trust); child maintenance (including ‘HECSA’/carer’s allowance) until completion of his first degree; and lump sums in respect of his capital needs and her own substantial liabilities (chiefly relating to her unpaid legal fees). The father (whose resources could be measured in the ‘tens of millions of pounds’) had sought to prejudice the mother’s claims via transferring his valuable shares to family members, who then transferred the same into a trust structure (settled under Czech law). A further onwards transfer was then made of the trust’s assets into a Liechtenstein foundation. Inferences were drawn by the court in respect of the level of the father’s wealth, and specifically as to the value of the transferred shares. Detailed findings were made against him in respect of the identified transactions, which had been the focus of the mother’s section 423 application. Although a section 423(2) order was not actually made, the application was adjourned pending the father’s compliance with the award, with security in the sum of £600,000 also ordered, alongside a continuation of the freezing orders made earlier in the proceedings. David Wilkinson, solicitor at Slater Heelis, considers the issues.

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