The Divorce, Dissolution and Separation Act 2020 (the “Act”), which came into force in April 2022, introduced no-fault divorce in England and Wales.
The Act has profoundly impacted divorce law in England and Wales, paving the way for a more constructive approach to relationship breakdown.
The Changes To The Grounds For Divorce
The old law – i.e. prior to April 2022 – required couples wishing to divorce to state that their marriage had irretrievably broken down (the ground for divorce) and provide evidence of this based on one of the following facts:
· Adultery
· Unreasonable behaviour
· Desertion
· Two years’ separation
· Five years’ separation
Since the introduction of the Act and the concept of no-fault divorce, couples are no longer required to prove any of the above facts, irrespective of the reason for their intended separation. The sole ground for divorce remains the irretrievable breakdown of the marriage, but subsequent to the Act, all that a divorcing couple need to do is to confirm in their application for divorce that they consider the marriage to have broken down irretrievably.
The applicant (or both parties jointly) is required to state that the marriage has broken down irretrievably. The court must accept the statement of irretrievable breakdown and make a divorce order. The opportunity to contest the divorce is removed and there is now limited opportunity to dispute the divorce.
No-fault divorce only affects the proceedings relating to the process of legally ending the marriage or civil partnership. They do not relate to the separation of finances or arrangements for children.
What No Fault Divorce Means For Separating Couples
The no-fault divorce regime will have a number of consequences for separating couples, including:
1. Removing the blame game;
2. If the parties make a joint application, in theory, this can lead to an amicable separation;
3. It is unlikely that a partner will now contest the divorce which should save court time, thus reducing costs and the stress of the process;
4. Most couples will have to wait about six months for their divorce or dissolution to finalise. This time will allow a period of reflection for the parties to consider whether they truly want to divorce
During this time, couples still need to make separate arrangements to divide their finances, agree to maintenance payments (if necessary), sort out child residence and contact and agree on an ongoing parenting plan.