What Is A No Fault Divorce?

The Divorce, Dissolution and Separation Act 2020 (the “Act”) reformed the legal requirements and procedure for divorce, dissolution, and judicial separation. It retains the sole ground of divorce as the irretrievable breakdown of the marriage but has removed the requirement to evidence it with one of the five facts. (See the previous government’s press release of 6 April 2022: “Previously, one spouse was forced to make accusations about the other’s conduct, such as ‘unreasonable behaviour’ or adultery, or face years of separation before a divorce could be granted. This was regardless of whether a couple had made a mutual decision to separate.”) All that is required now is a statement that the marriage has irretrievably broken down. No evidence to support the relationship breakdown is required. As well as one party initiating divorce proceedings, the Act allows both parties to make a joint application where the decision to divorce is mutual.