“No-fault Divorce” – What Does This Mean for Separating Couples?   

From 6th April 2022 the long-awaited “no-fault” divorce will officially become law, which will allow separating couples to get a divorce, civil partnership dissolution or legal separation without having to blame each other for the breakdown of their relationship.   

The Divorce, Dissolution and Separation Act 2020 will change this area of law for the first time since 1973. For over 30 years family law solicitors and legal professionals have campaigned to reform the law. One of the main aims of the reform is to reduce the impact that conflict and blame can have on families going through a divorce, dissolution or separation.  

In this article, our Divorce and Family Law Solicitor, Noelle Heath explains what “no-fault” divorce means for separating couples. 

Everything You Need to Know About No Fault Divorce

The Divorce, Dissolution and Separation Act brings an end to “fault based” divorce. Under the reforms neither party needs to place blame for the breakdown of the marriage on the other. Instead of blaming or accusing a party, the new law asks one or both spouses to make a statement of irretrievable breakdown of the marriage.  

This is the most significant development to the divorce law since the Divorce Reform Act was introduced in 1969. 

Our Head of Divorce and Family Law, Noelle Heath said, “The introduction of the new reform to divorce rules are very much welcomed by Family Law Solicitors who have been involved in  the campaign for change for a very long time. The new rules will reduce conflict as blame no longer plays a part in the legal process of divorce. The need in some divorce cases for a party to blame the other for the end of the marriage often caused unnecessary animosity and in my experience the priority for most  separating couples is to make the best possible arrangements for their children and to sort out their accommodation and the finances generally.“

What Does “No-Fault Divorce” Mean for Separating Couples?

From April 2022 “no fault” divorce changes the way separating couples apply for divorce.  The new act removes the requirement to provide evidence of “conduct” or “separation” and allows, for the first time, joint applications to be made by the couple. The new system removes the ability of the other spouse to defend the decision to divorce or end the civil partnership. The legal language used for divorce has also changed. “Petition” will become “Application”, “Petitioner” will become “Applicant”, “Decree Nisi” will become “Conditional Order” and “Decree Absolute” will become “Final Order”.   

Previously, couples who wanted to get a divorce would need to evidence one of the 5 facts such as:  

  • Adultery  
  • Unreasonable Behaviour  
  • Desertion   
  • Separation for at least 2 years, with the consent of both parties  
  • Separation for at least 5 years  if one party does not consent to divorce   

This meant some couples had to wait many years before applying for a divorce. However, the new law removes the need to establish any of these facts allowing couples to divorce without having to blame and accuse each other.  

Also, the new law introduces a minimum timeframe of 6 months from Application stage to Final Order, which is the final stage in the divorce proceedings and is the document that formally pronounces the end of the marriage .  

Drop in Divorce Petitions Before ‘No-Fault’ Divorce Introduced

According to figures published by the Ministry of Justice on 31st March 2022, there was a decrease in divorce petitions between October and December 2021. However, practitioners are predicting a temporary surge in petitions when the Divorce, Dissolution and Separation Act is introduced on 6th April 2022.  

The Ministry of Justice bulletin indicates the drop in new divorce petitions is due to the forthcoming reforms. It states, “People wishing to divorce will no longer be required to specify grounds for divorce, including being separated for several years, and it may be beneficial to wait until that is possible rather than start proceedings before then.” 

Experienced Divorce Solicitors

Morrish Solicitors is long-established law firm with an experienced team of Family Law Solicitors providing expert legal advice on a range of family law matters. We aim to achieve a constructive and amicable solution which supports you and your family whilst keeping costs and stress to a minimum. Our family law services include:  

If you need legal advice on any of the above matters, please contact us on 033 3344 9600 or simply complete our online contact us form.  

As specialists Family Law Solicitors, we offer our services at your convenience either in-person, over the phone, via email and through the post, so you can benefit from our family law services no matter where you live.