What does no-fault divorce mean for couples in the UK

From 6 April 2022 the Divorce, Dissolution and Separation Act 2020 will come into force, introducing the so-called ‘no fault divorce’ in England and Wales. The new law will apply to ending civil partnerships as well as to marriages, but what does no-fault divorce mean and does it affect things?

Prior 6 April 2022 couples wanting to divorce in England and Wales must show their relationship has irretrievably broken down in one or more of the following ways:

• Adultery
• Desertion
• Unreasonable behaviour
• Two years separation with consent
• Five years separation

For those not wish to wait for a period of separation of at least two years, their only recourse is to blame their spouse for the breakdown of the marriage, usually by citing ‘unreasonable behaviour’.

Such grounds have led to animosity which has proven detrimental when negotiating financial settlements or child arrangements and caused delays in finalising divorces.

What does no-fault divorce mean in practice?

• No need for facts: Couples no longer need to prove specific facts to establish that the marriage has irretrievably broken down.
• 20 week notice period: After the application for divorce (currently known as the petition for divorce) is issued, the applicant (currently known as the petitioner) must wait 20 weeks before applying for a conditional order (currently known as the decree nisi), followed by another 6 weeks before applying for the final order (currently known as the decree absolute).
• Joint petition: The new law allows both parties to jointly file for divorce.

What are the potential pitfalls of the new divorce law?

• Service delays: The applicant/petitioner must serve the petition within 28 days, but delays may reduce the respondent’s time to respond.
• Lack of notice: Concerns have been raised that respondents may find out about the divorce late in the process, causing distress.
• Financial settlements: There is no provision for delaying the final order until financial settlements are reached, creating potential risks, particularly concerning pensions.

While no-fault divorce is a welcome reform, it poses significant challenges for respondents. The new system benefits the applicant/ petitioner, raising concerns about financial prejudice and fairness in certain cases.

Time will tell how these changes impact divorce and family law proceedings in the long term.