What is a no fault divorce

The implementation of no-fault divorce in the UK has transformed the process through which couples can terminate their marriages. This alteration enables couples to get a divorce without the need to attribute fault or demonstrate misconduct by either spouse.

Key Points

• No Contest – Spouses can no longer contest a divorce. This removes a lot of the conflict and stops parties from being trapped in marriages they don’t want to be in.

• Divorce without blame – There is only one ground for divorce and that is the irretrievable breakdown of the marriage. You cannot cite adultery, desertion, or unreasonable behaviour as the reason for wanting a divorce.

• Joint applications – Couples can now file for divorce together. The Government introduced joint divorce applications to promote more collaboration.

No-fault divorce, introduced on 6th April 2022 in England and Wales, removes the requirement for couples to assign blame for the end of their marriage. Previously, couples had to provide evidence of fault, like adultery, unreasonable behavior, or desertion. Now, a no-fault divorce application only requires a statement declaring that the marriage has irretrievably broken down, emphasizing cooperation and minimizing conflict.

The Need for Reform

For a long time, divorce laws in the UK mandated that couples attribute fault for the breakdown of their marriage, resulting in unnecessary conflict and hostility.

The previous system compelled individuals to level accusations against their spouse's behavior, such as adultery or unreasonable conduct, or endure prolonged periods of separation before obtaining a divorce.

This confrontational approach impeded couples from addressing crucial practical matters related to children, finances, and their future.

Moreover, it provided avenues for spiteful disputes and allowed abusive partners to inflict further harm on their victims or ensnare them in unhappy marriages.

The Divorce, Dissolution, and Separation Act 2020 Explained

The Divorce, Dissolution, and Separation Act 2020 represents a significant reform in divorce law, putting an end to the blame game and introducing a more compassionate and forward-looking approach to divorce.

The Act eliminates the need for couples to apportion blame and instead allows them to apply for a divorce by stating that their marriage has irretrievably broken down. This removes unnecessary conflict and finger-pointing, reducing stress on couples and sparing children from witnessing their parents mudslinging.

1. Joint Applications: A Collaborative Approach

Under the new legislation, couples now have the option to make joint applications for divorce or civil partnership dissolution.

This means that both parties can agree that the relationship has irretrievably broken down without having to place blame on one another.

Joint divorce applications encourage a more collaborative and amicable separation process, enabling couples to work together to reach mutually beneficial agreements on important matters such as child custody, financial arrangements, and property division.

2. Simplifying Language

The Divorce, Dissolution and Separation Act 2020 also introduces changes to the terminology used in divorce proceedings, making the process more understandable and accessible.

For instance, the term “Decree Nisi” has been replaced with “Conditional Order,” while “Decree Absolute” is now referred to as “Final Order.”

The person filing for divorce was previously known as the Petitioner, this has been updated to ‘Applicant’.

These changes aim to demystify the legal language surrounding divorce, ensuring that individuals can navigate the process with clarity and confidence.

3. No Contest: Streamlining the Process

One of the significant developments brought about by the new legislation is the removal of the ability to contest a divorce, dissolution, or separation.

Previously, a spouse could contest a divorce, potentially prolonging the process and causing additional stress and expense.

However, under the no fault divorce system, a statement of irretrievable breakdown of the marriage is considered conclusive evidence, except on limited technical grounds. This streamlines the process, allowing couples to move forward with their lives without the fear of being trapped in a marriage against their will.

4. The 20-Weeks Minimum Waiting Period

To provide couples with an opportunity for reflection and potential reconciliation, the new law introduced a minimum waiting period of 20 weeks from the start of proceedings to the issuance of a conditional order of divorce.

This waiting period allows couples to consider their situation, seek mediation if needed, and make important arrangements for the future, including child custody, financial matters, and property division.

It aims to ensure that couples have sufficient time to make informed decisions and minimise the potential for hasty and regrettable actions.

This gives couples more time to discuss their financial settlement and make arrangements for a solicitor to draft a financial order.