Rivals and reality: no-fault divorce in England and Wales

Rivals season 2 saw us transported back to the 80s and all the drama that the fictional county of Rutshire has to offer. As a family solicitor, the storylines deal with some interesting scenarios that we often find ourselves advising clients on.

There are many potential opportunities where the producers could have brought out a family lawyer to assist the characters; the obvious issue embedded in the show is that of a marriage breakdown, primarily due to an extramarital affair being discovered. This brings with it discussions on what happens practically upon separation, in respect of assets (house, savings, investments, etc) as well as for children and how to co-parent effectively post-separation – (spoiler alert!) this is something Rupert is navigating in the new season.

No-fault divorce in England and Wales: what’s changed since the 80s

Despite adultery being commonplace in Rivals, no-fault divorce in England and Wales was introduced in the Divorce, Dissolution and Separation Act 2020 and came into force on 6 April 2022. This means spouses seeking to separate no longer need a reason to demonstrate that the marriage has irretrievably broken down. Prior to this reform, adultery was one of the facts that could be relied upon to establish irretrievable breakdown of the marriage, but this is no longer required. The change has assisted in taking away some of the blame game, allowing parties to focus instead on the issues that matter most, such as financial matters and child arrangements.

Adultery may only now be relevant if it has had a financial impact on the assets or resources available and if there is an impact on the children, which may need to be explored in certain circumstances.

Dividing finances on separation

The process of resolving financial matters upon divorce remains somewhat similar from the era depicted in Rivals to now. This remains to be dealt with under the Matrimonial Causes Act 1973, and it is usually best to seek advice from a solicitor as early as possible to best understand your financial position in the context of your separation. Although the reason for divorce does not necessarily play a part, factors such as children, the length of the marriage, and the resources available to both spouses are considered. A solicitor can discuss these and any factors specific to your case.

Resolving matters out of court: non-court dispute resolution

Fortunately, compared to the era portrayed in Rivals, there is a much greater focus on non-court dispute resolution (NCDR) between separating parties and a real drive to keep discussions amicable and productive. Mediation, arbitration and private court proceedings continue to grow in popularity and if you wish to discuss these further in the context of a separation, a solicitor can assist. Choosing NCDR does not preclude anyone from being able to receive legal advice from a solicitor, and even if you don’t reach a settlement via the non-court route, it may be a useful way of narrowing down the issues between you.

One storyline that develops further in season 2 of the show is Rupert’s relationship with his children, who take on a more significant role within his character arc. We see him trying to navigate co-parenting with his ex; however, it is not long before she sets out her intention to significantly reduce the time he spends with the children – much to his upset.

A positive change in the Family Court’s approach to cases such as this, compared with the time Rivals is set, is that all parties must now consider the suitability of NCDR before making a court application. This means Rupert’s wife would not be allowed to take him to court without first considering an alternative, unless it was not appropriate to do so.

One of the most popular forms of NCDR in cases involving child arrangements and finances is family mediation. It can help keep discussions child-focused and generally assists in maintaining a healthy co-parenting relationship between parties going forward. There is also child-inclusive mediation as an option, so (if it is suitable for the child) their voice is heard by the parents too. Of course, it is not going to be suitable in all cases, and if you want to explore the various options available to you, you should consider getting in touch with a solicitor to discuss potential next steps and receive some initial advice regarding child arrangements.

How we can help

Rivals makes for good television, but the issues beneath the drama are ones that people face in their own lives every day. While it’s exciting to wonder what will happen next in Rutshire, real-life situations like these are best navigated with professional support.

The family team at Thomas Mansfield has extensive experience across all types of family law matters, so please contact us if you think you need assistance.