Demystifying Divorce: The Truth About No-Fault Divorce in the UK

A New Era for Divorce in England and Wales

Back in April 2022, divorce law in England and Wales underwent a fundamental shift with the implementation of the Divorce, Dissolution and Separation Act 2020 (‘the Act’). Following this reform, spouses have been able to issue divorce proceedings based on the new “No-Fault” legislation and a spouse is now able to dissolve their marriage without having to assign blame on the other party. Central to this reform were the aims to reduce conflict between parties and to simplify the process.

What Is No-Fault Divorce and When Did It Start?

Under the old law, in order to obtain a divorce you had to prove your marriage had irretrievably broken down based on one of five facts:-

1. Adultery
2. Unreasonable behaviour
3. Two years separation with consent
4. Five years separation without consent
5. Desertion for a period exceeding two years.

This requirement to assign blame often exacerbated hostility and conflict, especially as most divorce cases were based on either adultery or unreasonable behaviour as these were the only two factors that allowed divorce proceedings to start immediately without waiting for a period of at least two years.  

There were many calls for reform of divorce law and eventually the Act received Royal Assent in June 2020 before being officially introduced on 6^th April 2022.

Following this reform, the five facts for divorce (as outlined above) have been removed and there is now only one ‘ground’ for divorce: irretrievable breakdown of the marriage. It is also no longer possible for a respondent to contest the decision to divorce.

The reform also brought about updated language. Previously you may have heard people referring to a decree nisi and a decree absolute. The language has been simplified and we now have a ‘conditional order’ followed by a ‘final order’.

Common Misconceptions About No-Fault Divorce

You Still Need to Prove Fault

You no longer need to prove fault to get a divorce, hence ‘no-fault divorce’. The key aim of the reform was to “end the blame game” in divorce and remove the fault element. Instead, a spouse now only needs to provide a statement of irretrievable breakdown of marriage which is taken as conclusive evidence that the marriage has broken down irretrievably.

No-Fault Divorce is Quick and Easy

One of the arguments against divorce reform was the concern this could lead to ‘quickie’ divorces. This is not the case and indeed some divorce applications can now take longer than they previously did, largely due to the mandatory 20-week ‘cooling-off’ period. As part of the divorce reform, a 20-week waiting period between the divorce application being issued and the conditional order being granted was introduced, with the intention of allowing couples time to reflect. This did not exist in the old law where a decree nisi could be granted a lot sooner.  

It Automatically Sorts Out Finances and Children

The divorce process is completely separate from the process of resolving your finances and child arrangements upon separation. After separating, couples still face having to reach a financial settlement and an agreement in respect of child arrangements (if applicable).  

You Don’t Need Legal Advice

It is always best to get legal advice when considering a divorce. A family lawyer can make a divorce application for you or provide initial advice to help you make an application yourself. Not only can a legal advisor guide you with making a divorce application, but they can also provide advice in respect of financial settlements and child arrangements which are fundamental to consider when making a divorce application.

What Hasn’t Changed in Divorce Law?

Although there has been a big shift in divorce law some things remain the same, namely:-

• There is still a minimum marriage duration of 1 year before an application for divorce can be made. Attempting to divorce before completing a year of marriage will result in the court rejecting your application.

• There are still residency requirements whereby at least one spouse must be habitually resident or domiciled in England and Wales.

• There is still a need for separate legal processes to deal with finances and child arrangements.

Why Legal Advice Still Matters in a No-Fault Divorce

Although the process for obtaining a divorce is now easier it is still important to seek legal advice, especially to consider financial settlements, child arrangements, and long-term protection following a divorce. These can be complicated issues and are best explored with the help of a family lawyer who will be able to advise you during what is likely an emotional and stressful time and provide clarity on your future.

How to Start the Divorce Process Under the New Law

Either or both parties to a marriage may apply to the court for a divorce order which dissolves the marriage. All applications for divorce must now be made online.

After making the application there is a minimum period of 20 weeks before obtaining the conditional order. The court will not make a conditional order unless, in the case of an application by one party to the marriage only, that party has confirmed to the court that they wish the application to continue, or in the case of an application by both parties to the marriage, those parties have confirmed to the court that they wish the application to continue.

Parties will then have to wait six weeks between the conditional order being made final which will dissolves the legal relationship between them.

A Simpler Process, But Not Without Risks

The new law is a welcome development in removing much of the blame game from divorce. Over three years on, it appears the reform has largely achieved its intended aims of reducing conflict and simplifying the legal process.

However, whilst the process is indeed simpler than it previously was, couples still face having to reach a financial settlement on how marital assets should be divided and, if they have children, what kind of care and contact arrangements should be put in place.  Both these crucial subjects can be complicated and are best explored with the help of a specialist family lawyer. 

Contact Us for Expert Support

Seeking legal advice early can save time, money, and emotional strain in the long run. If you need guidance on divorce and financial settlements, we are here to help. For more information about the issues raised in this article or any aspect of divorce and family law, please contact us.