No Fault Divorce - an end to the divorce 'blame game'?

Following royal assent of the Divorce, Dissolution and Separation Act 2020, No Fault Divorce will come into effect in England and Wales on 6 April 2022.

Dubbed as the biggest shake-up of divorce laws in 50 years by the government, you may want to strap yourself in!

What is a No Fault Divorce?

With the introduction of a No Fault Divorce, couples will be able to get divorced without one spouse being required to lay blame on the other, as has previously been the case.

The irretrievable breakdown of a marriage will remain the sole ground for a divorce. However, the need to give a reason (one of five 'facts' explained below) will be removed with the introduction of a No Fault Divorce.

What are the five facts?

Adultery

You must prove that your spouse has had sexual intercourse with another person of the opposite sex and that you find it intolerable to continue living with them.

If you continue to live with your spouse for six months after discovering their adultery, you cannot use that incident of infidelity as your reason for divorce.

You cannot use your own adultery as grounds for divorce either.

Note: The main difference between a same-sex divorce and an opposite-sex divorce is that a same-sex couple cannot rely on adultery. This is because ‘adultery’ has a specific legal definition, including heterosexual sex.

Desertion

Desertion, regarding divorce proceedings, is where your spouse has left (deserted) you for a continuous period of at least two years.

Unreasonable behaviour

Sadly, the most common fact to prove the ground for divorce is that your spouse has to have behaved in such a way that you cannot reasonably be expected to live with them. This can include:

  • physical violence
  • verbal abuse, such as insults or threats
  • drunkenness or drug-taking
  • refusing to pay towards shared living expenses

Generally, you will need to state between three to six examples of your spouse's unreasonable behaviour.

You can issue divorce proceedings if you've been separated for at least two years and the other party agrees to the divorce.

You can apply for a divorce if you've been separated for at least five years before applying, even if your spouse disagrees.

The key points of a No Fault Divorce

  1. A divorce can be granted without one spouse laying blame on the other.
  2. Couples will be able to apply for a divorce jointly.
  3. There will be a minimum of 20 weeks between issuing and reaching the first stage of the divorce to give a period of reflection and the possibility of reconciliation.
  4. It will no longer be possible to contest a divorce.

For better or for worse?

The reasoning behind the reform to introduce No Fault Divorce is a noble one - to enable couples and their solicitors to focus on a more positive outcome (both emotionally and financially) rather than allocating blame.

However, some may see this as an easy way out of what is supposed to be a lifelong commitment.

For further information and trusted legal advice regarding matters of No Fault Divorce in the UK, get in touch with our Resolution-accredited No Fault divorce lawyers in London at Carlsons Solicitors.

DivorceNathan Wilkins