No-Fault Divorce Law: Implementation Date And What To Expect

No-fault divorce laws came into force in England and Wales on 6 April 2022. The Divorce, Dissolution and Separation Act 2020, which introduces no-fault divorces, is the biggest shake-up in divorce law for 50 years. The new law allows couples to divorce without one person needing to blame the other, and removes the possibility of contesting the divorce.

No-fault divorce came into effect in England and Wales on 6 April 2022

Previously, the divorce system in England and Wales required one spouse (the petitioner) to initiate the process of filing for divorce and, in doing so, make an accusation about the conduct of the other spouse (the respondent). The petitioner could choose from three reasons: adultery, unreasonable behaviour, or desertion. If one of these reasons could not be proven, the couple faced a two or five-year separation period before their marriage could be legally dissolved.

The new no-fault divorce laws mean that instead of blaming one party, a couple can mutually cite the 'irretrievable breakdown' of their relationship as the sole ground for their divorce. This can be done in a joint statement or by an individual. Either spouse will be able to provide a statement saying the marriage has broken down without having to provide evidence about bad behaviour.

The new laws also benefit victims of domestic abuse by preventing abusive spouses from trapping their victims in a marriage by contesting a divorce application.

The no-fault divorce process involves four key stages:

• A sole or joint application is made, based on the fact that the marriage has irretrievably broken down.
• After a 20-week 'cooling-off' period, both parties confirm they wish to proceed with the divorce.
• The court makes a Conditional Order (previously called the Decree Nisi).
• The court makes the Final Order (previously called the Decree Absolute) after a minimum period of six weeks.

The entire process takes a minimum of 26 weeks or six months, providing a period of reflection for couples to consider their decision and work through their differences.

Couples can get divorced without blaming each other

The Divorce, Dissolution and Separation Act 2020 came into force on 6 April 2022 in England and Wales, allowing couples to get divorced without blaming each other.

The new law removes the need to attribute blame in the divorce process, meaning the five 'reasons' for divorce no longer apply. The purpose of this change is to make the divorce process less adversarial, so that couples can focus on important matters like financial settlements, child arrangements, and property.

Under the previous law, even if both partners agreed that they were equally 'at fault', or even where no one was 'at fault', one partner had to be blamed if the couple wanted to divorce in under two years (the minimum separation period). This could be done on the grounds of adultery or 'unreasonable behaviour'. There were also options for divorce after two or five years of separation, and for divorce without consent on the grounds of desertion.

Now, couples can get divorced solely on the basis that the marriage has broken down, without needing to cite one of the five reasons. This means there isn't a requirement for one person to blame the other for the breakdown of the marriage. Couples can apply for divorce jointly, and there is a minimum timeframe of 26 weeks between the application and final order to allow couples to reflect and work through their differences.

The new law also makes sure the language used is plain English, for example, changing 'decree nisi' to 'conditional order' and 'decree absolute' to 'final order'. It is also no longer possible to contest a divorce or civil partnership dissolution (unless it is on the basis of jurisdiction).

Divorce terminology has been updated

The changes to divorce terminology are part of a broader shift from a 'fault-based' divorce system to a no-fault one. Previously, one spouse (the petitioner) had to initiate the divorce process by making an accusation about the other spouse's (the respondent's) conduct. Now, a couple can mutually cite an 'irretrievable breakdown' as the sole ground for their divorce, without attributing blame to one party.

The updated terminology aims to remove the concept of fault from the divorce process. The term 'application' has replaced 'petition', reflecting the shift from fault-based to no-fault divorce. For joint applications, the two applicants are known as 'Applicant 1' and 'Applicant 2'.

The new terminology also includes a minimum timeframe of 26 weeks between the application and final order. This 'period of reflection' aims to give couples time to reflect and work through their differences before committing to a divorce.

The changes to divorce terminology are intended to reduce the conflict and antagonism of the previous fault-based system, allowing couples to separate more amicably and focus on important issues like children, property, and finances.

There is a minimum timeframe of 26 weeks between the application and final order

The UK Government confirmed in April 2019 that divorce law in England and Wales would be changing with the introduction of no-fault divorce. This was the most significant change to divorce law since 1969, allowing couples to divorce without one person needing to blame the other.

The Divorce, Dissolution and Separation Act 2020, which came into force on 6 April 2022, sets out a minimum timeframe of 26 weeks or six months between the application and final order. This timeframe is designed to address concerns that the reforms would make divorce a quicker and easier option than trying to save their relationship. It gives couples a period of reflection to consider their decision and work through their differences before committing to a divorce or civil partnership dissolution.

The no-fault divorce timeline involves four key stages. Firstly, either spouse can make a sole application, or a joint application can be made by both parties, based on the fact that their marriage has irretrievably broken down. After a 20-week cooling-off period, both parties confirm that they wish to proceed with the divorce. The court then issues a Conditional Order (previously known as the Decree Nisi), followed by the Final Order (previously the Decree Absolute) after a minimum of six weeks.

While the minimum timeframe for the process is 26 weeks, it is important to note that this does not include administration time or the time needed for couples to negotiate their post-divorce arrangements, such as the division of finances and child custody. On average, a no-fault divorce takes around a year to finalise, including reaching a financial settlement.

It is no longer possible to contest a divorce

The UK Government's Divorce, Dissolution and Separation Act 2020, which came into force on 6 April 2022, has made it no longer possible to contest a divorce or civil partnership dissolution (except on the basis of jurisdiction). This is one of the most significant changes to come out of the divorce law reforms.

Under the previous divorce system in England and Wales, one spouse (the petitioner) had to initiate the process of filing for divorce and, in doing so, make an accusation about the other spouse's (the respondent's) conduct. The petitioner could choose from three reasons: adultery, unreasonable behaviour, or desertion. If one of these three reasons could not be proven, the couple faced a two- or five-year separation period before the marriage could be legally dissolved.

The new no-fault divorce laws mean that instead of attributing blame to one party, a couple can mutually cite 'irretrievable breakdown' as the sole ground for their divorce. This can be done in a joint statement or by an individual. Either spouse will be able to provide a statement saying it has broken down without having to provide evidence about bad behaviour. The divorce application can be made online, and there will be no requirement for the respondent to defend or to cross-apply for a divorce.

The new laws will prevent victims of domestic abuse from being trapped by their abusive spouses, who previously took advantage of the old laws by contesting a divorce application to exert further coercive control.

The no-fault divorce process does not automatically end a couple's financial commitments to each other, so it is important that finances are dealt with simultaneously as the divorce. Unless steps are taken to resolve financial matters, one person could make a financial claim against the other after getting divorced.

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