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](https://www.legislation.gov.uk/ukpga/2020/11/contents) (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. **If you're considering or going through a divorce, click below for a free initial consultation with one of our expert divorce solicitors.** [BOOK FREE CONSULTATION](https://vardags.com/contact "BOOK FREE CONSULTATION") 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](https://vardags.com/law-guide/how-the-courts-decide-a-financial-settlement/will-adultery-impact-settlement) (and this has to be admitted by the party that has committed it) > - [Unreasonable behaviour](https://vardags.com/law-guide/grounds-for-divorce/can-i-defend-myself-against-allegations-of-unreasonable-behaviour) > - [Separation for two years with consent](https://vardags.com/law-guide/grounds-for-divorce/divorce-based-on-two-years-separation) > - [Separation for five years without consent](https://vardags.com/law-guide/grounds-for-divorce/divorce-based-on-five-years-separation) > - [Desertion for two years](https://vardags.com/law-guide/grounds-for-divorce/desertion-as-a-ground-for-divorce) 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](https://vardags.com/family-law/englands-senior-female-judge-calls-no-fault-divorce), 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](https://familylawreform.co.uk/). Ayesha [took her campaign directly to the government at the 2017 Conservative Party Conference](https://vardags.com/posts/ayesha-vardag-launches-family-law-reform-campaign) and wrote in numerous publications, such as [The Huffington Post](https://www.huffingtonpost.co.uk/ayesha-vardag/divorce-love-you-but-im-not-in-love_b_971929.html), about the benefits of no fault divorce. About Us -------- Ayesha VardagFounder & President "A DIVORCE LAWYER WIDELY REGARDED AS ONE OF THE WORLD'S BEST" The Metro Vardags offer a unique approach to the law, specially tailored to the needs of HNW individuals. We offer City-quality representation for your divorce and family law needs. Our lawyers come from the very best universities and receive the very best training - they are determined, diligent, and dedicated to getting the best outcome... [read more](https://vardags.com/about-us) [BOOK FREE CONSULTATION](https://vardags.com/contact) The information on this website is intended as a guide and does not constitute legal advice. Vardags do not accept liability for any errors in the information on this website, nor any losses stemming from reliance upon the statements made herein. All articles and pages aim to reflect the legal position at time they were published, and may have been rendered obsolete by subsequent developments in the law. Should you require specialist advice, tailored to your situation, please see how Vardags can help you. What our clients say -------------------- Simply the best. They helped me through a very challenging divorce and with their support I managed to turn what appeared to be a hopeless lost cause into an outcome that allowed me to remain emotionally and financially intact. I... felt supported by a dedicated and skilled team, fighting on my side to protect my interests. Heinz-Peter Stohl Ethical & compassionate as well as being very good at what they do. N Lanfray An extremely capable & exceptionally committed family law team for medium-to-very high wealth individuals led by the financial genius Dr Stephen Bence and highly distinguished Ayesha Vardag. Martin Waters I hope you don't need it, but if you do, I would highly recommend Vardags. Xiao Ma The breakdown of my marriage and the process of divorce for me has been one of the most difficult experiences that I have ever had to face. Fortunately and thankfully, the support received from Vardags has been both empathetic... and supportive. Their legal approach and ability to deal with complex matters, is definitely cut above the rest. Sarah Seikegba I found myself in a position that I quite simply never dreamt I would be in in a million years. I went to Vardags, initially for advice. All my options were laid out in a very professional yet personal way. We decided to go down... a particular route and as my situation changed , so did the route that Vardags recommended. I had never felt so vulnerable in all my life and so it was very comforting to feel supported at all times. Anya Atkins OUR LEADERSHIP TEAM ------------------- [### Ayesha Vardag](https://vardags.com/solicitors/london/ayesha-vardag "Ayesha Vardag Founder & President Divorce & Family") [### Stephen Bence](https://vardags.com/solicitors/london/stephen-bence "Stephen Bence Vardags CEO") [### David Lister](https://vardags.com/solicitors/london/david-lister "David Lister") [Founder & President](https://vardags.com/solicitors/london/ayesha-vardag "Ayesha Vardag Founder & President Divorce & Family") [Chief Executive Officer](https://vardags.com/solicitors/london/stephen-bence "Stephen Bence Vardags CEO") [Senior Partner and Head of London Family - Divorce & Family](https://vardags.com/solicitors/london/david-lister "David Lister") [### Ayesha Vardag Founder & President](https://vardags.com/solicitors/london/ayesha-vardag "Ayesha Vardag Founder & President Divorce & Family")"Ayesha Vardag - Britain's top divorce lawyer." The Telegraph [### Stephen Bence Chief Executive Officer](https://vardags.com/solicitors/london/stephen-bence "Stephen Bence Vardags CEO")"Dr Stephen Bence is a financial genius." Lewis Marks KC [### David Lister Senior Partner and Head of London Family - Divorce & Family ](https://vardags.com/solicitors/london/david-lister "David Lister")"Brilliant with a real spark which clients love" Legal 500 [Meet the rest of the team](https://vardags.com/team) [Vardags climbs ranks of UK's biggest firms in The Lawyer's UK 200](https://vardags.com/posts/vardags-london-climbs-ranks-of-uks-biggest-firms-in-the-lawyers-uk-200)