No-Fault Divorce Will Be Available From April 2022 - What This Means for Divorcing Couples

No-fault divorce will be introduced in England and Wales as of April 6 2022. This change will mean neither party in the divorcing couple will need to lay blame on the other for the breakdown of their marriage.

This will lead to a more straightforward process for divorce as the current divorce process can introduce unnecessary conflict and potentially lead to long-winded, bitter legal battles in court.

Technically, it is possible to get a no-fault divorce under the current rules, if you are willing to wait at least 2 years and both spouses agree to the divorce (or 5 years if only one spouse wants the divorce). However, according to official figures, around 3 in 5 divorces are fault-based (although many couples may claim fault when this is not actually the case and is just a way of speeding up their divorce). This helps to demonstrate the need for an accessible no-fault solution.

How the law is changing

It will no longer be possible to contest a divorce

Under our current system, the petitioner (a person who makes a formal application to a court) must support their grounds for divorce, i.e. that “the marriage has irretrievably broken down” with specific reasons. The respondent (the spouse who did not apply for the divorce) has the option to contest the divorce, i.e. say that they do not feel the marriage has irretrievably broken down or to contest the reasons their spouse gave for the breakdown.

This will be changed under the new no-fault divorce system as this option will no longer exist. Couples will be able to get a divorce solely on the basis that the marriage has broken down, and neither will be able to oppose a petition brought by the other.

Couples will be able to apply for divorce jointly

Usually, there needs to be one spouse who issues divorce proceedings against their ex-partner. This person is then labelled the petitioner, and the other who had the divorce issued against them is labelled the respondent. However, under the no-fault divorce system, both people can make the application for divorce jointly, or one spouse can still make a solo application.

Why the law is changing

Stress and effect on families

The new no-fault system means that you will be able to issue a divorce petition without having to make any allegations against your spouse. The aim is to relieve stress, anguish and anxiety amongst separated couples and the children of the family who often suffer a detrimental impact from conflict between their parents.

What this will mean for people looking to get divorced 

The time between application and conditional order

Under the new rules, there will be a minimum of twenty weeks between the application and the conditional order being granted (this is a document that says the court does not see any reason why you cannot end the marriage).

This minimum timeframe has been introduced to answer any concerns that the reforms will make divorce a quicker and easier option for couples than trying to save their marriage. This will be seen as a ‘period of reflection’, allowing couples the opportunity to reflect and work through their differences before finally committing to a divorce.

There will then be a minimum six week period between the conditional order and the final order being granted (which legally ends the marriage).

No-fault divorces suit modern relationships

The change in the law acknowledges the idea that no-fault divorces better reflect the way modern relationships tend to end than the system currently available. In addition, insisting on the apportionment of the blame for marriage breakdown can hinder the parties from reaching a divorce settlement and can have a negative impact on the use of alternative dispute resolution methods such as mediation that rely on the couple working together.

Why seek a law firm for help with no-fault divorce?

After the divorce process has come to an end, there will still be the matter of finances. The no-fault divorce will not automatically end an ex-couple’s financial commitment to one another, making it even more important to deal with the finances at the same time as the divorce. To make sure this is handled in the correct and appropriate manner, seeking the advice and support of expert family law solicitors is essential.

It is also imperative for you to seek out a law firm to represent you because it can become overwhelming and confusing for the petitioner and/or respondent to keep up and understand the law and the changes in its practices and terminology. Having the support of a family law expert can help to ensure all of the necessary paperwork is completed correctly and submitted promptly, enabling your divorce to go ahead faster and with less stress.

Why Atkins Hope?

If you are looking to get a divorce, Atkins Hope can help you select the best options for you. At Atkins Hope, we have a team of highly experienced family lawyers, so you can be assured that you are in trustworthy hands for every aspect of the divorce, with our team having particular expertise in complicated and high-value divorce settlements.

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