As of 6th April 2022, married couples will be able to get divorced without having to apportion blame to either party. Under the new terms, which are referred to as “No fault divorce” you can file for divorce without having to give a reason, other than that the marriage has simply broken down.

Until these changes, the only way a couple could get divorced in the UK if they had not been separated for 2 years or more was by one party initiating proceedings and saying their ex-partner was at fault (through adultery or unreasonable behaviour or desertion). The new law represents a landmark in how we view marriage and separation in the UK.

Here’s what you need to know about No-Fault Divorce and how it works:
Couples Can Now Make a Joint Application for Divorce
Whereas traditionally divorces had to be initiated by just one partner, now couples who want to separate can apply for a divorce together. This arguably helps couples to separate on a more amicable basis, without the need to blame each other. The application does not have to be joint and so individuals can make the application themselves if they prefer.

Cooling Off Period of 20 Weeks
The new law says there must now be a minimum of 20 weeks between the initial application and the conditional divorce order (decree nisi), followed by another 6 weeks before the final order (decree absolute) is given.

This means that divorces under the new law take at least 6 months to conclude. The 20 week wait is to allow a period of reflection to ensure that the person or couple making the application is comfortable with the decision.

Divorces Are Now Granted Without Blame
The reason for a divorce is now simply that the marriage is no longer working. All that’s needed is for at least one of the spouses to give a legal statement saying the marriage has broken down irreparably, with no need for blame on either side. This statement will be counted as conclusive evidence and can’t be contested.

Why The Changes Have Happened
The new law is part of the government’s Divorce, Dissolution and Separation Act 2020. The changes have been brought about because many legal professionals thought the old laws about divorce were outdated, adding unnecessary time, stress and disharmony to the process. If one partner refused, the entire divorce process could take years, making things even more acrimonious.

Even if both parties wanted to get divorced, if they had not been separated for 2 years or more, they had to agree on which one of them wanted to “take the blame” for the marriage breaking down. This often caused resentment, particularly when children were involved, leading to further issues around child arrangements and financial settlements. Many people also believed that by admitting blame in some way, the court would look less favourably on them when dividing the family assets.

The idea is that by removing the blame aspect, the entire process of getting divorced can become less emotional and complicated, allowing both parties to move on, free from resentment.

Frequently Asked Questions about No-Fault Divorce
When will it become law in the UK?
No-Fault Divorce will become part of UK Law on 6th April 2022.
Can I Apply Online?
Yes, you will be able to apply for a no-fault divorce online as soon as the law comes into play in April 2022.
What Benefits Are There to No-Fault Divorce?
The biggest positive of no-fault divorce is that neither partner needs to make allegations about the other’s behaviour. This makes the process more amicable, allowing both parties to move forward without resentment.
Why Did the Government Bring in the New Law?
Campaigners said the old divorce laws were outdated and didn’t reflect modern relationships. They also believed that the concept of blame or fault hindered the process and was often detrimental to mediation.
The Chief Executive of Relate, Aidan Jones OBE, welcomed the new laws, saying:
“This much-needed change to the law is good news for divorcing couples and particularly for any children involved. The outdated fault-based system led parting couples to lay blame on one side of the partnership, an action that can unnecessarily increase animosity and make it harder for ex-partners to develop positive relationships as co-parents.”

What’s Staying the Same?

The fundamentals of divorce law are still the same – a married couple can only be granted a divorce if the marriage has irretrievably broken down.

Does It Also Apply to Civil Partnerships?

Yes, under the new laws the dissolution of a civil partnership will also change to accommodate the “no fault” concept.

Is The Language of Divorce Also Changing?

Yes, the government has been taking steps to modernise the language used in the divorce process and make it more accessible to all. The language changes are as follows:
• The “petitioner” will now be the “applicant”.
• The “decree nisi” will now be called a conditional order”
• The “decree absolute” will now be called a “final order.”
Rules on Financial Settlements and Child Arrangements Remain the Same
It’s important to note that even under the new law, the rules on financial settlements and child arrangements will remain the same. For this reason, it’s always advisable to seek expert family law advice before starting divorce proceedings to ensure the process is dealt with in the most appropriate way.
If you would like to discuss a no fault divorce you can contact Catherine Ashton from Sadler Cross Family Law on 01245 890224 or book you a free 30 minute consultation via their website: www.sadlercross.co.uk