No fault divorce

‘No fault’ divorce in England and Wales was introduced on 6th April 2022.

Previously, the sole ground upon which a divorce may be granted is that the marriage has broken down irretrievably. However, this could only be established by proving one of the following five facts:

• The respondent has committed adultery and the petitioner finds it intolerable to live with the respondent
• The respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with the respondent
• The respondent has deserted the petitioner for a continuous period of at least two years immediately preceding the presentation of the petition
• The parties to the marriage have lived apart for a continuous period of at least two years immediately preceding the presentation of the petition and the respondent consents to a decree being granted
• The parties to the marriage have lived apart for a continuous period of at least five years immediately preceding the presentation of the petition

Before the change, the nearest option to a ‘no fault’ divorce was either two years’ separation with the respondent’s consent, or five years’ separation. These grounds are comparatively uncommon in practice, given the time requirements that they impose.

In practice, therefore, most people were obliged to cite some element of fault in their petition.