‘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:
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.
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