This dissertation investigates the impact of the Divorce, Dissolution and Separation Act 2020 (DDSA 2020) on child protection and welfare in England and Wales. It critically examines whether the transition to a no-fault system, while successfully reducing administrative hurdles for adults, has inadvertently compromised the state’s primary duty to protect vulnerable children by removing essential judicial safety checks. The research seeks to determine if the prioritisation of adult administrative ease has created a transparency gap in child safeguarding. Specifically, it asks: Does the removal of fault-based petitions reduce parental conflict, or does it merely displace that hostility into prolonged litigation under Section 8 of the Children Act 1989 (CA 1989). Furthermore, does the repeal of Section 41 of the Matrimonial Causes Act 1973 (MCA 1973) leave children at greater risk of economic instability and domestic harm?

This study uses a socio-legal approach to examine how divorce laws affect children. The research combines a close look at key legislations such as the MCA 1973, CA 1989, and DDSA 2020 with recent evidence from 2025 National Audit Office reports and CAFCASS data. By merging these legal rules with real-world statistics, the work highlights the practical impact of law on child welfare systems. This research will be critiquing how automated, digital divorce processes clash with the realities of complex family life. The findings show that while no-fault divorce assumes a peaceful split, it often fails families in high-conflict or abusive situations affecting children welfare. By removing mandatory court checks, the law has turned judges from active protectors into passive observers. Rather than ending conflict, the new system simply pushes parental resentment into bitter custody battles. Additionally, the lack of required financial reviews leaves children at risk of poverty. This study argues that streamlining divorce into a data-entry task hides red flags for abuse and ignores long-term stability for children. Ultimately concluding, adult convenience must not come at the expense of child safety. The dissertation proposes urgent reforms to restore judicial oversight as a shield for the most vulnerable, which are the children who are caught in the transition of a broken home.