The no-fault divorce law took effect on 6th April 2022. This was, arguably, the biggest change to divorce law in the last fifty years, and it was well overdue.
The central change to the law is that the person applying for the divorce is now no longer required to rely on one of the five ‘facts’ (including adultery and unreasonable behaviour) in order to start divorce proceedings. Ultimately this is expected to make the entire divorce process more amicable.
With many of our team active members of Resolution (an organisation of specialist family justice professionals), removing the element of blame from divorce has been something we have campaigned for and supported for many years. In our day-to-day experiences as family law solicitors, apportioning fault on one of the spouses at the outset frequently causes unnecessary angst at an already difficult and emotional time.
In this summary, we highlight the key features of a no-fault divorce, and how it differs from the old process.
The Old Process
The old process for divorce required divorcing couples to rely on one of five ‘facts’ in respect of the irretrievable breakdown of their marriage. The five facts included:
- Adultery
- Unreasonable behaviour
- Desertion
- Two years of separation with consent
- Five years of separation without consent
Accordingly, unless a couple were willing to wait then one spouse had to take the blame for the marriage ending. This caused unnecessary, bitter disputes and further upset between parties.
It left the UK stuck with an antiquated law that made it incredibly difficult for many. Most separating couples recognise that their marriages are breaking down and simply want to divorce in a civilised way while doing their best to remain on good terms (particularly if there are children involved).
However, the old process created a “blame game” where, often, there wasn’t any blame. Instead, the couple may have simply drifted apart or even both played a part in their marriage coming to an end.
From a legal standpoint, it also created a messier separation. Due to the tension created by blaming one another, it became more difficult to reach an agreement about the arrangements for children or financial settlements.
Fortunately, this is no longer the case.
The New Process
Under the new process, applications for divorce are made either jointly or individually.
By allowing divorcing couples to apply jointly, there is arguably more scope for the whole process of separation to progress in a more balanced way, which should also help couples reach agreements about children and finances.
There is no room for parties to contest a divorce (save on very limited, technical grounds such as where one party disputes the court’s jurisdiction), which will also help to keep potential acrimony to a minimum.
However, the most important part of the new law is the removal of the aforementioned ‘facts’. Instead, parties only need to provide a statement of irretrievable breakdown. In short, it’s now possible to divorce through no fault of either party.
In addition, to ensure the process is easier for all individuals to understand, the Latin terms presently used to dictate the stages of the divorce have been replaced with plain English:
- Decree nisi (the first of two divorce orders) has become a ‘conditional order’
- Decree absolute’ (the second divorce order that formally ends the marriage) has become a ‘final order’
Finally, applicants now have 20 weeks after filing their application to reflect on whether they wish to continue with the divorce. Provided this is the case, then an application for a conditional order (the first of two divorce orders) can then be made.
Considering a divorce?
If you are considering divorce, expert legal advice should always be taken to ensure you have a clear understanding of your options and the best ways to achieve an outcome that works for you.
You can speak to one of our team to get started. Contact our team of friendly specialists on 0161 969 3131 or via our contact form here.