No-fault divorce – a breakthrough in family law

11 April 2022

On the 6^th of April 2022, the Divorce, Dissolution and Separation Act 2020 came into force. This has been coined as the biggest reform of divorce laws for decades. A new no-fault divorce approach can now be taken to all divorces and dissolutions for marriages and civil partnerships in England and Wales.

What is different about this law?

Previously, couples who wanted to get divorced were required to rely on one of the ‘five facts’ to establish the ground for divorce. Any one or a combination of these would be used to prove that a marriage had broken down irretrievably. These five facts are:

Unreasonable behaviour
Adultery
Desertion
Separation for at least 2 years with consent from both parties
Separation for at least 5 years

However, if couples couldn’t cite any of the above reasons, it was difficult to pursue the process and the legal system effectively forced divorcing couples to play the ‘blame game’ simply to get the result they wanted.

It’s important to understand that the grounds for divorce will remain the same. However, the spouse applying for the divorce will no longer be required to provide evidence that one or more of the ‘five facts’ are a reason for separation or have been responsible for the breakdown of their marriage.

Why does a no-fault divorce matter?

A no-fault divorce matters because it fits in with the modern way of living. It removes the ‘blame game’ from the process, giving everyone equal standing and the right to walk away from a relationship that has run out of steam without having to alienate an ex-spouse by falsely accusing them of ‘unreasonable behaviour’.

If you are wondering how the new law may affect you, our team at Knight Polson Solicitors are here to help and guide you through the process. Our qualified team will be happy to answer your enquiries and reassure you that the new process brings a fresh approach to divorce and provides better options for the future.

If you have any queries or want to know more, reach out to us today using:

Tel: 023 8064 4822

Email: enquiries@knightpolson.co.uk