All you need to know about the new No Fault Divorce

In April 2022 the Divorce, Dissolution and Separation Act (DDSA) 2020 came into force and it changed the way a divorce can be obtained. This reform is the most significant change to divorce law in almost 50 years and is progressive in its approach to divorces. In this blog we explore the changes that were made to divorce legislation and what that means for our clients.

Background

A divorce is the dissolution of a marriage by the court. In order to obtain a divorce, it must be proved that the relationship has “irretrievably broken down”. Under the old law, the Matrimonial Causes Act 1973, the petitioner had to satisfy the courts of one of five facts to evidence the breakdown of the marriage. These included:

1. Adultery to the extent that the petitioner finds it intolerable to live with the respondent;
2. Unreasonable behaviour such that the petitioner cannot reasonably be expected to live with the respondent;
3. Desertion by the respondent for at least 2 continuous years;
4. Having lived apart for 2 continuous years (with consent);
5. Having lived apart for 5 continuous years (without consent).

Why was reform needed?

The requirement that one of these five facts be proved meant that it was possible for a situation to arise where a marriage had indeed irretrievably broken down, but no divorce could be granted. Of course, this was distressing for the parties involved and mandated the unnecessary appointment of blame to one of the parties in some cases. For this reason, the law was called out for being unfair and inappropriate.

The new law

The DDSA reforms the legal requirements and process for divorce by removing the need to prove fault when petitioning for a divorce. Instead, it brings in a no-fault divorce which bodes to reduce the potential for conflict amongst divorcing couples by removing the ability to make allegations about a spouse’s conduct and allowing couples the option to end their marriage jointly.

The new law has also removed the ability for the respondent to defend the decision to divorce proceedings; the court must take the statement of irretrievable breakdown as conclusive evidence that the marriage has irretrievably broken down. Divorce proceedings can still be challenged for other reasons, including jurisdiction, validity, fraud, or subsistence of the marriage.

There is now a 20-week period before the applicant/s can apply for the conditional order. The purpose of this is to provide time for reflection and to designate time to resolve any financial and children matters. The court has the discretion to reduce this period, but it will only do so in exceptional circumstances. If, after this period, the applicant/s are still clear in their wishes for divorce, a final order can be requested and granted by the court. This will be granted after a 6-week period. This means that divorces with minimal finances or child matters to be resolved can be completed within 26 weeks.

More minor changes include the modernisation of the language used in divorce proceedings: “Decree Nisi” is now known as a “Conditional Order” and “Decree Absolute” is now known as “Final Order”.

Finally, the new legislation also makes it possible to complete divorce proceedings entirely online.

The effect of the new law

It has been a long time coming, but the advantages of the no-fault divorce framework promise to revolutionise the way divorce proceedings are handled. By removing the need to prove one of the five facts as evidence, it allows for a more amicable divorce without the need to ascribe blame, especially unnecessarily. This will reduce the emotional strain put on parties during divorce proceedings and hopefully increase the number of acrimonious divorces coming through the system.

Contact us 

If you wish to book in for an initial consultation to discuss your situation our family solicitors are based in both Wolverhampton and Cradley Heath and serve clients across the West Midlands. For all new enquiries, please call 01902 328 355 or complete our online enquiry form and a member of our team will respond.