What is No Fault Divorce?

The UK divorce law changed in April 2022 to allow no-fault divorce, removing the need to blame one spouse and making the process less adversarial. Now, one or both parties simply need to state that the relationship has irretrievably broken down in order to apply for divorce.

Divorce law underwent a major change on 6th April 2022, with the introduction of no-fault divorces under the Divorce, Dissolution and Separation Act (DDSA), the first major change to the divorce system in 50 years. This new law will allow couples to follow a more conciliatory and reflective approach, which in turn is hoped to reduce conflict and make the process more amicable for the parties involved, as well as for any children.

what is no-fault divorce?

No-fault divorce refers to the ability to end your marriage without having to assign blame or find ‘fault’. In England and Wales, the previous requirement to prove one of five grounds to demonstrate that the marriage had irretrievably broken down, often forcing couples to ‘play the blame game’, has been removed. It has now been replaced with the single requirement of one or both parties confirming that the relationship has broken down, with no need to provide evidence of this.

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No-Fault divorce compared to the old system

Under no-fault divorce, the irretrievable breakdown of the marriage is the sole ground for divorce. Only one party needs to state this, and this cannot be disputed by the other party.

In comparison, those seeking a divorce under the previous law had to prove that their relationship had irretrievably broken down. In order to do this, they needed to rely on one of the following five “facts”:

• Adultery (and this has to be admitted by the party that has committed it)
• Unreasonable behaviour
• Separation for two years with consent
• Separation for five years without consent
• Desertion for two years

Unless the parties were willing to separate for two years, there was a need for one party to blame the other for the reason that the marriage had broken down. Where one party disagreed with the divorce application, they could contest it through the courts and even prevent it completely in certain situations. 

Why no-fault divorce was needed

The fact that one party needed to be “blamed” for the breakdown of the marriage was widely criticised as being both outdated and making the process more adversarial, which made resolution of contentious issues more difficult. It was seen to aggravate a situation that is already likely to be fraught, and by removing the “blame game”, it was suggested that there would be less conflict between the parties, meaning that factors such as finances, property and care for the children could be the focal point. 

However, the introduction of no-fault divorce has not been without controversy. There is concern that the institution of marriage is losing its value in society, as divorce is now possible without providing specific reasons or proof, which some perceive as making it "too easy." Nonetheless, fault-based divorce emerged during a period when social norms were vastly different and the process of assigning blame is not suitable in helping divorcing couples work collaboratively to address their issues, for example on child-related and financial matters.

when can you get divorced under the new law?

You may be wondering how long do you have to be married before you can get a divorce and has this changed under the new system. This has not changed and you still have to have been married for one year before you are able to start divorce proceedings.

The question of ‘how quickly can you get divorced?’ is also common. The process following the initial application has been amended in that the decree nisi is now the conditional order and the decree absolute is now the final order. There will be a 20-week timeframe between the start of the order before the decree nisi is granted, however, the six weeks between the conditional order and the final order remains the same. This allows the parties six months to consider whether they really want the divorce to go ahead before it is finalised. This period can also be used to resolve issues relating to the couple’s finances and children.

How to start divorce proceedings

Under the new law, there is no need to apportion blame and instead a statement has to be provided that the relationship has irretrievably broken down. It is no longer necessary to prove one of the five facts for the divorce to be allowed. Parties will also be allowed to make a joint application if they agree, paving the way for an amicable separation, although sole applications are also possible. 

Can the other party contest the divorce?

Under no-fault divorce it is no longer possible to contest a divorce, unless on technical grounds - for example, you can contest the jurisdiction which your spouse has filed for divorce in, or you can contest the divorce if your marriage was not valid. 

Vardags’ campaign for no-fault divorce

Vardags was outspoken in its belief that no-fault divorce was needed, with our Founder and President Ayesha Vardag spearheading the Campaign for Family Law Reform. Ayesha took her campaign directly to the government at the 2017 Conservative Party Conference and wrote in numerous publications, such as The Huffington Post, about the benefits of no fault divorce.