No-fault divorce law for marriages and civil partnerships

The new no-fault divorce law that should make divorce less acrimonious has cleared its latest hurdle.

The Divorce, Dissolution and Separation Bill was backed by MPs during its second reading in the House of Commons last week.

There are a few stages to go before it will become law, but its progress is being welcomed by those of us who have long campaigned for a different way of formally bringing a relationship to an end.

No-fault divorce law and civil partnerships: a broader change

Firstly, it’s important to note that the new provisions are not solely about divorce. The government’s proposed changes will apply to civil partnerships (which are ended by ‘dissolution’) as well as marriages.

The grounds for ending a civil partnership are the same as for a marriage, so the new law will be just as significant for civil partners as for married couples. For simplicity, this piece will focus on no-fault divorce, but it applies to civil partnerships too.

Currently, those seeking a divorce in the England & Wales must prove their marriage has irretrievably broken down by citing one of the following reasons:

• Adultery
• Desertion
• Unreasonable behaviour
• Separation with consent
• Separation when only one person consents

Most people choose ‘unreasonable behaviour’, which can be challenging to establish. Similarly, ‘separation’ requires waiting at least two years (with consent) or five years (without consent).

This was the case for Tini Owens, who was unable to divorce until five years of separation because her husband disagreed. Her situation prompted calls for a change in the law to allow for no-fault divorce, enabling individuals to end their relationship without assigning blame.

What is no-fault divorce?

The new ‘no-fault’ divorce law means that a spouse will only need to state that their marriage has irretrievably broken down. There will no longer be a need to allege infidelity or bad behaviour, and couples won’t have to wait for two or five years to initiate the process.

If one person believes the marriage has broken down, they will be able to exit quickly, without needing the other person’s cooperation.

Cooling off period for reflection

One aspect of the new law is a six-month cooling-off period between filing for divorce and the divorce being granted. While some may see this as an unnecessary delay, it allows time for reflection and provides an opportunity to reverse the decision to divorce.

For those eager to move on, six months is much shorter than the current waiting time under the ‘separation’ basis for divorce.

Joint applications for divorce

A key benefit of the ‘no-fault’ divorce is that couples can apply for divorce jointly. Many divorces are due to mutual decisions where neither party is at fault.

Currently, couples in these situations must either wait two years or make accusations of bad behaviour, which can cause unnecessary conflict.

The ‘no-fault’ approach will help maintain amicable relationships by allowing couples to end their marriage without blame.

Critics of no-fault divorce law

There are critics who argue that the new law may make divorce too easy, encouraging people to walk away instead of trying to fix their marriage. While this concern is valid, family law solicitors will continue to play a vital role in ensuring clients fully understand the consequences of divorce.

It’s essential to ask, ‘Are you certain divorce is the right way to go?’ and explore whether there’s a possibility of reconciliation before proceeding.

Divorce and the impact of the pandemic

The timing of the Government’s introduction of the new law has been questioned, particularly given the pressures brought on by the pandemic. Couples may find themselves facing increased tension due to job insecurity, financial worries, and being in close quarters.

Divorce solicitors are receiving many enquiries from people considering divorce, and while some relationships have long-standing issues that have come to a head, others are facing difficulties caused by the current pressures.

Advice for those considering divorce

For those contemplating divorce, it’s important not to rush. Take time to think clearly, consider the state of your relationship carefully, and ensure your decision is well thought out. Divorce is a life-changing decision, and the pandemic has added complexities that need to be taken into account.

If you’re considering divorce, we can guide you through the process with expert advice. Contact us today for the support you need.

For reference, the Divorce, Dissolution and Separation Bill can be found here: https://www.gov.uk/government/publications/divorce-dissolution-and-separation-bill