13 January 2025
While the legal ground for divorce has always been the “irretrievable breakdown of marriage,” proving this required meeting one of five specific criteria. These included a period of separation or allegations of unreasonable behaviour or adultery by one partner. This often led to added stress, tension, and, in many cases, unnecessary conflict.
Thankfully, with the introduction of the Divorce, Dissolution and Separation Act 2020, which took effect on 6th April 2022, those days are behind us.
What Is No-Fault Divorce?
Couples can now divorce without assigning blame or waiting through long periods of separation. The process is much simpler and less contentious, marking a significant cultural and legal shift.
While the sole ground for divorce remains the irretrievable breakdown of marriage, there’s no longer a need to prove it with specific facts or accusations. Instead, the Applicant’s statement that the marriage has broken down is accepted as conclusive, and their decision cannot be contested by the other party.
How the New Process Works
The no-fault divorce process includes a few clear steps designed to provide a smoother, less adversarial experience:
If a couple changes their minds during this process, the Applicant can withdraw the application, although this is uncommon.
What Remains Unchanged?
While the divorce process has been modernised, the laws governing finances and children remain the same. Issues like financial settlements, child custody, and support still require careful negotiation or resolution through the courts if necessary.
The Impact of No-Fault Divorce
Opinions on the changes vary, but most legal professionals agree that no-fault divorce is a step in the right direction. The previous system, while functional, often felt outdated and created unnecessary friction between separating couples. By removing the need to place blame, the new process is expected to reduce conflict, making it easier for families to move forward with dignity and cooperation.
The reforms are being well-received. While it will take time to fully understand the long-term effects, early signs point to a more positive experience for divorcing couples and their families.
No-fault divorce represents a significant and overdue shift in family law. It provides a more compassionate approach to an already challenging time, helping couples focus on resolution rather than assigning blame.
If you’re considering a divorce we’re here to help. Contact us today for clear, expert advice.
