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...