No Fault Divorce, Sweeping Changes To Divorce Law Removing The 'Blame Game' Toxicity Of The Current Divorce System

• Published date: 28 March 2022
• Subject Matter: Family and Matrimonial, Family Law, Divorce
• Law Firm: DMH Stallard
• Author: Ms Samantha Jago and Ryan Taylor

Divorce law is about to be overhauled and brought in line with many other international countries, simplifying the system so that blame does not have to be allocated and parties can rely on a simple statement from either one spouse, or both, that the marriage has broken down due to no fault of either party.

What are the current grounds for divorce?

Currently, there is only one ground for divorce, being that the marriage has irretrievably broken down. To satisfy the court of this the Petitioner to a divorce must prove one of five factors to file for divorce, being: adultery, unreasonable behaviour, desertion of two years, separation of two years with consent to divorce, and separation of five years without consent. In broad terms, blame must be attributed to the other party for the marriage break down unless a spouse was willing to wait for two years, still having to get the consent of the other, or five years with the risk of defences being raised. This results in both parties getting off on the wrong footing, with parties blaming the other for the breakdown of the marriage and, therefore, setting a hostile tone from the outset of the proceedings.

On 6 of April 2022, the Divorce, Dissolution, and Separation Act of 2020 will come into force. From this point on, a simple statement from either one spouse, or both, that the marriage has broken down due to no fault of either party, will be introduced.

But why the change?

Divorce law in England and Wales has long been considered outdated. The current legislation is over 50 years old and requires specific reasons for the divorce, when all too often it is the case that there are no definable or quantifiable reasons for the breakdown of a marriage.

30 years of campaigning has led to this historic change in the law, with the organisation Resolution, who represents family law professionals in the UK, successfully leading the change. Removing this need for 'blame' from the divorce process itself is hoped to make for a less acrimonious experience and ease in determining any ancillary issues arising from the divorce.

Divorce, Dissolution, and Separation Act of 2020

Changes coming into force in April 2022 include:

• You will no longer need to satisfy the Court that the marriage has broken down by proving one of five 'facts' of divorce adultery, unreasonable behaviour, desertion of two years separation of two years with consent to divorce, or separation of five years without consent. Instead, the provision of a...