In April 2022, England and Wales saw a significant shift in family law with the introduction of no-fault divorce. This change, brought about by the Divorce, Dissolution and Separation Act 2020, marks a pivotal moment in the evolution of divorce proceedings in this country, aiming to reduce conflict and simplify the process for couples seeking to end their marriages.
What is No-Fault Divorce?
No-fault divorce enables couples to dissolve their marriage without assigning blame to either party. This contrasts sharply with the previous system, which required couples to prove that their marriage had irretrievably broken down by citing one of five facts: adultery, unreasonable behaviour, desertion, two years’ separation with consent, or five years’ separation without consent.
Under the new law, couples can now jointly or individually make an application for divorce by stating that their marriage has broken down irretrievably, without needing to provide evidence of fault or any period of separation. This statement only is considered sufficient grounds for divorce, eliminating the need for accusations, and potentially reducing animosity between parting spouses when navigating their separation.
The Benefits of No-Fault Divorce
The introduction of no-fault divorce brings several advantages:
- Reduced conflict: By removing the need to assign blame, the new no-fault system aims to minimise acrimony between divorcing couples.
- Simplification: The process is now more straightforward, potentially making it less stressful, costly and time-consuming for all involved.
- Honesty: Couples no longer need to exaggerate claims of unreasonable behaviour or wait for long separation periods, allowing for a more honest approach to ending their marriage.
- Child wellbeing: By reducing conflict between parents going through a divorce, the no-fault system may help to protect children from the negative impacts of acrimonious divorces and aid co-parenting following separation.
The Process of No-Fault Divorce
The no-fault divorce process has 4 key steps:
- Application: One or both parties file a divorce application with the divorce court online, stating that the marriage has irretrievably broken down. If it is a joint application both parties will need to approve the divorce application to the court. If a sole application is made only one party will initiate the divorce and the other party will be served with the divorce application and they will have 14 days to acknowledge receipt.
- Reflection period: There’s a mandatory 20-week reflection period from the start of the divorce proceedings before a conditional order can be applied for.
- Conditional order: This is the first stage of the divorce, confirming that the court sees no reason why the divorce cannot proceed through reviewing the application made by the parties.
- Final order: After a further 6-week period, the applicant(s) can apply for the final order, which legally ends the marriage.
Conclusion
The introduction of no-fault divorce in England and Wales represents a significant modernisation of family law within our justice system. By removing the need to appoint blame, the move to a no-fault divorce has undoubtedly reduced conflict and stress in many cases in what is often an already difficult process. Thus, making divorce less acrimonious and more straightforward for those who have decided to end their marriages.
Whilst any major change to the law will continue to be monitored over time, it is very much envisaged that this long fought for reform will be here to stay and marks a new chapter in family law.
At Consilia Legal we have an experienced team of family solicitors who can help you with an application for a no-fault divorce. Contact us for a free initial discussion.