The introduction of no-fault divorce in April 2022 brought a major shift to how divorces are handled in England and Wales. The aim was to make separation less hostile, more accessible, and focused on moving forward.
The Old System: A Focus on Blame
Before the law changed, couples had to prove the marriage had broken down by relying on one of five specific reasons, including adultery, unreasonable behaviour, or long-term separation.
Even if both people agreed the relationship was over, the law required one to take blame unless they were willing to wait two or five years to apply. This often-created unnecessary tension, particularly in cases where both parties wanted an amicable split.
What No-Fault Divorce Means Today
Under the new rules introduced by the Divorce, Dissolution and Separation Act 2020, now fully embedded into practice:
How the Changes Affect You
- No reasons need to be given beyond stating that the marriage has irretrievably broken down. There’s no need to cite fault or bad conduct.
- Either party or both together can apply. For the first time, couples can submit a joint application, encouraging co-operation from the outset.
- Language has changed to make the process clearer. Terms like “Decree Nisi” and “Decree Absolute” have been replaced with “Conditional Order” and “Final Order.”
- Applications can no longer be defended simply because one party disagrees with the divorce. Disputes about whether the marriage has broken down are no longer part of the process.
For many, these changes mean divorce is now less emotionally charged and easier to manage. It’s particularly beneficial for couples who share children or want to maintain a civil relationship after separation.
It is however, important to remember that the divorce process only ends the legal relationship it does not automatically resolve financial matters or childcare arrangements. You may still need legal advice to:
In Summary
- Draft a financial settlement (e.g. through a consent order or financial remedy)
- Formalise child contact and residence agreements
- Ensure future claims are properly dealt with
No-fault divorce reflects a modern, pragmatic approach to relationship breakdown. While it doesn’t make separation easy, it does remove some of the unnecessary friction and formality that existed under the old rules.
Further Information
If you would like more information or wish to discuss this topic further, please feel free to contact Monika Brar at JPC for a free initial 30-minute consultation.
Email: mbrar@jpclaw.co.uk
Tel: 07787 411255
