Has the new no-fault divorce achieved it’s aim?

Can couples apply for divorce and move on without bitter wrangling?

This April saw a landmark reform in introducing no fault divorce. Deputy Prime Minister Lord Chancellor and Secretary of State for Justice, Dominic Raab said

“The breakdown of a marriage can be agonising for all involved, especially children. We want to reduce the acrimony couples endure and end the anguish that children VXಀHU

That’s why we are allowing couples to apply for divorce without having to prove fault, ending the blame game, where a marriage has broken down irretrievably, and enabling couples to move on with their lives without the bitter wrangling of an adversarial divorce process.”

So has this had the

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ending the blame game and removing the acrimony and vitriol, in the process? Certainly for the purposes of the divorce process couples no longer have to apportion blame, so that they can focus on the

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aspects of their separation and the childcare arrangements.

Whether or not the couple had made a mutual decision to separate, it was necessary under the old law to apportion blame by pleading adultery or unreasonable behaviour, as the alternative was to remain in a state of limbo, unable to action a divorce until the necessary period of separation had expired.

Most importantly, it has prevented an abusive partner having the opportunity to exert further control by contesting the divorce and in the process, locking their spouse into an unhappy marriage.

The mandatory 20 week period between starting the process and being able to apply

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divorce, “the Conditional Order” has also provided a much needed period

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consideration. This allows a window to

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or meaningfully work together towards a resolution of the practical

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Couples can even opt to make a joint statement of the irretrievable break down of the marriage so as to end the previously one-sided and divisive approach.

The divorce process and terminology used

KDV DOVR EHHQ VLPSOLࡼHG DQG GHP\VWLࡼHG HQDEOLQJ couples to apply for a divorce, either on a sole or joint application, without the need for legal representation.

Following the implementation of these ground breaking changes, the government is now committed to reforming ࡼQDQFLDO VHWWOHPHQWV DIWHU a divorce. Time will tell as to how and if this can be achieved, but the less adversarial and gentler divorce process has been transformative, for family law and will pave the way for this.

This publication is a general summary of the law. It should not replace legal advice WDLORUHG WR \RXU VSHFLࡼF circumstances.