Divorce Rate on the Rise Following the Introduction of No Fault Divorce

Divorce applications have increased significantly since “no-fault” divorce was introduced in April 2022. 33,234 divorce applications were made from April to June 2022, the highest number in a decade according to statistics published by the Law Society.

While there are likely to be various reasons behind this trend, one possibility is that people simply put off divorcing until after the rules change was introduced. This is because the new “no-fault” divorce process can make ending a marriage or civil partnership simpler and less prone to conflict. It is also possible these advantages have made divorce a less daunting prospect for people who may have been intimidated by the process previously.

Atkins Hope Solicitors are specialist divorce solicitors and have significant experience helping couples through no-fault divorces and advising on no-fault divorce law. In this blog, we explain what no-fault divorce is and how it works, but for personal advice, please contact a member of our team.

What is no-fault divorce?

On 6 April 2022, new legislation known as the Divorce, Dissolution and Separation Act 2020 came into force. The legislation amends the Matrimonial Causes Act 1973 and Civil Partnership Act 2004 with the aim to modernise and simplify divorce and separation, while removing a lot of potential for avoidable conflict.

One of the key changes involved removing the need to give a reason for the divorce, which often involved one person having to “take the blame”. For this reason, the updated divorce rules are commonly referred to as “no-fault” divorce law. In other words, it allows for couples to divorce without assigning blame to one another for one of the previously listed required reasons for divorce - unreasonable behaviour, desertion, adultery, two years separation, or five years separation.

The legislation governing no-fault divorces is designed to make divorce or civil partnership dissolution easier and more amicable, meaning that couples do not have to blame one another in order to seek a divorce.

The only ground for divorce or civil partnership dissolution remains the irretrievable breakdown of the relationship, but there is no longer any requirement to prove any facts in relation to said breakdown.

What other changes have been introduced to divorce law in England and Wales?

There are various other changes that the Divorce, Dissolution and Separation Act 2020 has introduced, such as updated language in relation to divorce to reflect modern times.

Examples of this include the Petitioner (who was the person applying for a divorce) now being referred to as an applicant, a Decree Nisi being a Conditional Order, and a Decree Absolute being a Final Order. These changes were largely introduced to make the language and process involved in a divorce or dissolution more simple and straightforward.

A key change with no-fault divorce law is the introduction of joint applications. As the name suggests, this allows a couple, where they both agree a relationship has broken down, to apply for a divorce or dissolution together. However, sole applications are still possible, where the other party does not agree.

Another important change is the removal of the ability to contest an application. There is no longer a requirement for both sides to agree to a divorce or dissolution, making the process far simpler.

When did no-fault divorce start in the UK?

The Divorce, Dissolution and Separation Act 2020, which contains the provisions for no-fault divorces, came into force on 6 April 2022.

How long does a no-fault divorce take?

One of the benefits of the new no-fault divorce legislation is that the time frame for a divorce to complete is quite straightforward. With most no-fault divorces, there will be a minimum 26-week period.

The reason for this is that the Conditional Order (previously a Decree Nisi) has a 20-week waiting period, and the Final Order (previously a Decree Absolute) has a 6-week waiting period.

In spite of the increased simplicity that no-fault divorce law brings, other elements such as financial arrangements, child care arrangements, amongst others, will still need to be dealt with separately, and this can sometimes mean it takes longer to finalise a no-fault divorce.

How can a solicitor help with no-fault divorce?

No-fault divorce law should theoretically make the divorce process much simpler, but it is still as crucial as ever to speak with knowledgeable divorce and separation solicitors who can provide you with sensitive, practical advice.

As with so many legal matters, it is often helpful and even necessary to seek the advice and support of a specialised solicitor, which is where Akins Hope Solicitors come in.

It may be that you are making a sole application or a joint application - in either scenario, our expert divorce solicitors can help make the process simpler and less stressful for you and your loved ones.

Another important thing to consider is that there will still be many other arrangements to be made, including how the couple's finances will be split and what will happen to any children, even after a divorce application is made and a Final Order is issued.

Get in touch with our no-fault divorce law solicitors today

Our priority at Atkins Hope Solicitors is to make everything as straightforward, stress-free and simple as possible for you during what is undoubtedly a difficult time for you and your loved ones. We will be happy to provide advice about no-fault divorce, no-fault divorce law and any other family law matter to suit your needs.

To speak to one of our family law solicitors today, please ring 0208 680 5018 or contact your local Atkins Hope office in Croydon, Medway, Blackheath or Guildford.