No-Fault Divorce: Three Years On – Has It Made Divorce Easier?

April marks the third anniversary of one of the biggest shake-ups in family law in recent years, the introduction of ‘no-fault’ divorce.

Before this, separating couples had to assign blame. The new system was designed to make the process more straightforward, less contentious and less emotionally draining.

But now, 3 years on, how has it really changed the landscape of divorce, and is it working as intended?

What has changed?

On 6 April 2022, the Divorce, Dissolution and Separation Act (2020) was introduced, marking a historic shift in divorce law for England and Wales.

Before this, couples had to prove their marriage had irretrievably broken down by citing one of five reasons: adultery, unreasonable behaviour, desertion, two years of separation or five years of separation (two years with your spouse’s agreement to the divorce, and five year without).

This often led to increased hostility, making a difficult process more difficult.

With no-fault divorce, couples can now simply state that the marriage has broken down irretrievably –  no need to assign blame.

Another major change was the introduction of a 20-week reflection period (the ‘cooling-off period’), after the initial application is made, giving both parties time to consider their decision before proceeding.

Impact of the change:

The new system has made divorcing less stressful and more straightforward:

• Less conflict: Without needing to blame your spouse or wait for an extended period of time, divorces are less confrontational, reducing hostility.
• Simpler process: The legal process has become more streamlined, and an online application system makes it more accessible to spouses seeking a divorce.
• Joint application: Parties can now apply for a divorce jointly, encouraging a more amicable approach to separation.
• Timeframe considerations: While the 20-week reflection period aims to prevent hasty decisions, it also means divorces take a minimum of six months to complete, which some feel is too long. However, if financial matters need to be settled, this timeframe may not necessarily cause delays.

Is it working?

So far, the feedback has been almost universally positive. Resolution, a group representing family law professionals, reports that removing blame from the process has helped couples start discussions over practical matters, like finances and child arrangements, on a more constructive footing.

A significant outcome of the reform has been a reduction in financial remedy court applications, as separating couples are finding it easier to resolve matters without litigation.

Final thoughts

This historic change has truly marked the end of the ‘blame game’ in divorce, removing outdated legal requirements that forced couples to point fingers. matters being resolved outside the court process, keeping stress levels lower and making it easier to move forward with their lives.

While some adjustments may still be needed, the overall impact appears to be positive, helping couples navigate separation with less hostility and more focus on moving forward.

Thinking about divorce? Get expert legal advice today

Divorce is never easy, but having the right support can make all the difference. If you are considering separation, seeking legal advice early can help ensure a smooth and fair process.

Our family law team is here to guide you every step of the way. Get in touch today for expert guidance and support.