The Family Law Act 2019 came into force on 1st December 2019 and amends various sections of preceding family law legislation – and most particularly the Family Law (Divorce) Act 1996.
The law was enacted subsequent to a Bill and referendum in 2019 which sought to reduce waiting times for divorce albeit this Act has other implications including changes to;
- definitions of what it means to be living together ergo living apart
- the relevance of recency of sexual intimacy within a relationship
- the requirement for acceptance of divorce proceedings by the respondent
- the application of the law with regard to those in civil partnerships
- and also how some extra-jurisdictional divorce applications might now be treated post-Brexit.
This companion guide to the legislation is authored by Dympna Devvenny BL who is a practising barrister in this area of family law.
[Download full text PDF of the Act]
The Family Law Act 2019 – Interpretation
Preliminary
s. 1 (1) The Act is cited as the Family Law Act 2019
Amendments of previous Family Law Acts
s. 2(1)(a) Amends Section 2 of the Judicial Separation and Family Law Reform Act 1989 by:
- Removing the need for the Respondent to consent to a decree of divorce being granted.
- Removes the need for spouses to have lived apart from one another for a continuous period of one year.
s. 2(1)(b) Substitutes “living apart from one another” for “not living with each other”.
s.2(1)(c) Allows for spouses to live in the same dwelling but be considered as living apart, the court must be satisfied the spouses do not live in a committed intimate relationship, it also notes that a relationship does not cease to be intimate and committed because it is no longer sexual.
s.2(2) These amendments apply to any proceedings that have been started but not completed under the Judicial Separation and Family Law Reform Act 1989
s.3(1) Amends section 5 of the Family Law Divorce Act 1996
s.3(1)(a) Amends section 5(1)(a) by changing the timeframe from four years out of the last five, to two years out of the last three.
s.3(1)(b) Inserts a section to allow for spouses to live in the same dwelling but be considered as living apart, the court must be satisfied the spouses do not live in a committed intimate relationship, it also notes that a relationship does not cease to be intimate and committed because it is no longer sexual.
s.3(2) These amendments apply to proceedings started but not completed for a decree of divorce under the 1996 Act; this means if you have applied for a JS because you could not apply for a divorce you can now apply for a divorce if you fulfil the new time criteria.
s.4(1) Amends section 110 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 by the insertion of a section to allow for civil partners to live in the same dwelling but be considered as living apart, the court must be satisfied the civil partners do not live in a committed intimate relationship, it also notes that a relationship does not cease to be intimate and committed because it is no longer sexual.
s.4(2) Amends section 172(6) of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 where the assessment of being a cohabitant or a qualified cohabitant is line with the above sections, that is to be a cohabitant you must have been apart from your spouse for two out of the last three years, rather that four out of the last five.
s.4(3) These amendments apply to proceedings started but not completed under the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010.
Recognition if certain divorces / legal separations / marriage annulments from other jurisdictions
s.(5) Defines relevant jurisdictions and the appropriate EC Council Regulations.
s.(6) A divorce / legal separation / or marriage annulments granted under the law of a relevant jurisdiction will continue to be recognised.
s.(7) This section deals with certain divorces / legal separations / marriage annulments granted in the UK / Gibraltar with reference to Brexit.
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