No-fault Divorce – Divorce Solicitors
Is there such thing as a no-fault divorce?
No. Well, not yet. Divorce law will shortly undergo its biggest change in over 50 years. Resolution has been campaigning for no-fault divorce for many years. Now, this will become a reality. The Divorce, Dissolution and Separation Act 2020 provides for a no-fault divorce and it is set to become law in Autumn 2021*.
What is the current divorce law?
Currently, to start a divorce, one of five ‘facts’ must be relied upon to satisfy the Court that there has been an irretrievable breakdown of the marriage. In short, these five facts are:
- Adultery.
- Unreasonable behaviour.
- Desertion.
- Two-years Separation with consent.
- Five-years Separation.
Three of these facts rely on periods of separation of two or more years. The remaining two facts are fault-based. As a result, if parties do not wish to wait, they have no option but to blame the other for the breakdown of the marriage. This often increases animosity and conflict even following an amicable separation.
What is the new divorce law?
The new law will allow couples to divorce avoiding the blame game. Consequently, there will be no need to rely on one of the five ‘facts’. Instead, there will be a new requirement to provide a statement of irretrievable breakdown. Also, an option for a joint application will be introduced. This opens the door to a completely amicable separation.
There will also be some changes to the language used to make sure the law is in plain English.
Perhaps more controversially, a divorce will no longer be able to be contested.
These changes will also apply to the dissolution of civil partnerships.
Why does the law need to change?
Current divorce law is outdated. Today’s society is in a very different place from when the current divorce law was implemented. The world is much more fast-paced which in turn has made life and relationships evolve much quicker. Therefore waiting 2 years or more for divorce without apportioning blame seems unnecessary.
As a Specialist Divorce Solicitor who promotes trying to achieve a client’s desired outcome in divorce in the most conciliatory way possible, this is a change I welcome. No-fault divorce will inevitably reduce conflict. We will instead be able to focus on important issues like children and finances.
Should I wait for a no-fault divorce before I start divorce proceedings?
Practically speaking, most divorces will have the same outcome whether the current or new process is used. That is, provided the divorce will not be contested. As a result, there is probably no need to wait. However, if you will be relying on one of the fault-based facts and you believe your spouse will contest the divorce, then it may well be advisable to wait until the new law comes into force. If you are unsure, you should consult with a Specialist Divorce Solicitor.
Do I need a Solicitor for a no-fault divorce?
Strictly speaking, you do not need a solicitor for any divorce. However, there are implications that come with a divorce. It is important you understand these. There are also separate financial claims that must be addressed. I therefore always recommend that you at least obtain initial advice. This ensures that you are not prejudiced by a divorce. It also allows you to put in place the necessary arrangements for finances.
*UPDATE as of 08 JUNE 2021.
The Government has now committed to introducing the Divorce, Dissolution and Separation Act. Whilst slightly later than anticipated, the new law will come into force on 6 April 2022.
**UPDATE as of 06 April 2022.
The long-awaited arrival of No-Fault Divorce has arrived. As of 6 April 2022, the Divorce, Dissolution and Separation Act 2020 has become law. A divorce can now be much more amicable.
Get in touch to find out how we can support your divorce
Considering starting the divorce process? Have any questions about the content of this article? Please contact Gemma Keats on 07874349555 or by email to see how she can best support you.
In the meantime, if you want to know more about the current divorce process click here.
*This article has been produced for general information only. It does not constitute legal or professional advice. Please note that the law may have changed since this article was published.