No fault divorce came into effect in England and Wales on 6 April 2022.
This was the most significant change to divorce law since 1969, bringing major changes to the divorce process.
In this guide, we’ll explore:
- The five ways the divorce process has changed
- The costs of no fault divorce
- How no fault divorce affects dealing with finances
- The arguments for and against no fault divorce
5 ways the divorce process has changed
The new divorce system is significantly different from the one it replaced on 6 April 2022.
Here’s how the divorce process has changed.
#1 Divorce can be granted without one spouse blaming the other
One of the most significant changes introduced by the new law is the removal of blame or ‘fault’ from the divorce process.
Under the previous law, you had to prove your marriage had broken down by relying on one of the five grounds for divorce.
This is no longer the case.
Instead, all you need to do is provide a statement confirming that you believe your marriage has broken down irretrievably.
This statement cannot be contested.
It is hoped that removing blame will make divorce less bitter and more constructive for couples going through it.
#2 Couples can apply for divorce together
Under the new law, couples can apply for divorce together.
Previously, one spouse had to start proceedings against the other.
The person who filed for divorce was called the petitioner, while the other was known as the respondent. This was the case even if the decision to divorce was mutual.
Couples now have the option of applying as joint applicants.
The aim of this change is to allow the divorce process to begin in a less confrontational way.
If only one spouse applies for divorce, they are now called the applicant. Their spouse is still called the respondent.
#3 Some divorce terminology has been updated
Some of the terminology used in divorce proceedings has been updated to make it easier to understand.
Most notably, the two court orders, the decree nisi and the decree absolute, have lost their Latin names.
The decree nisi is now called the conditional order, while the decree absolute is now called the final order.
Meanwhile, the person applying for divorce is now called the applicant rather than the petitioner.
#4 Divorce will take a minimum of 26 weeks
Divorce under the new law takes a minimum of 26 weeks.
A minimum period of 20 weeks has been introduced between the divorce application and when you can apply for the conditional order. You then have to wait a further six weeks before applying for the final order.
The 20-week waiting period was introduced to address concerns that the new divorce process might make divorce too easy, leading couples to give up on their marriage too quickly.
Couples are encouraged to use this time to reflect on their relationship and work through their differences before committing to divorce.
#5 It’s no longer possible to contest a divorce
It is no longer possible to contest a divorce.
Along with the removal of fault, this is one of the most significant aspects of the divorce reforms.
Under the old system, a spouse could contest the divorce application if they did not agree to the divorce or did not accept the reasons given for it.
While contesting a divorce was rare, with 99% of divorce cases being uncontested, it still had the potential to make life very difficult when one spouse wanted a divorce while the other didn’t.
In most cases, a contested divorce made the process take longer and increased solicitor fees.
That was frustrating enough on its own.
In some cases, however, a spouse could prevent the divorce from going ahead altogether until the couple had been separated for several years.
The case of Tini and Hugh Owens was a high-profile example of this, and it became one of the key drivers behind the push for no fault divorce.
This is not possible under the new system.
A statement made by either spouse, or both, is now considered conclusive proof that the marriage has broken down and cannot be challenged.
How much does no fault divorce cost?
No fault divorce may be cheaper for some couples.
The £593 divorce application fee can now be paid jointly with your spouse, bringing the cost down to £296.50 each.
Contested divorce was also one of the factors that made divorce more expensive. With the option to contest now removed, this may reduce costs for couples who would otherwise have faced that situation.
However, the reforms have not changed the factor that affects the cost of divorce the most, which is the financial settlement.
Find out more in our guide: How much does a divorce cost?
Finances and no fault divorce
No fault divorce does not affect your financial obligations to your spouse. That is why it is important to reach a financial settlement at the same time as the divorce. Otherwise, your spouse could make a claim against your estate in the future.
The divorce reforms did not change the existing process for dealing with finances during divorce.
To separate your finances properly, you will usually need a financial consent order.
If you cannot agree with your spouse on how to divide your finances, a judge may need to decide for you.
The no fault divorce debate
No fault divorce is the most significant reform to the divorce process since the Divorce Reform Act 1969.
That Act allowed couples to divorce after two years of separation if they both wanted a divorce, or five years if only one partner wanted it.
In that sense, no fault divorce has existed in some form since 1969, but only if a couple were prepared to wait for at least two years.
In practice, many people who wanted a divorce did not want to wait. Instead, they often tried to secure an immediate divorce by relying on one of the other grounds, such as unreasonable behaviour.
The new law makes no fault divorce available straight away, without the need to make allegations against your spouse.
Many have welcomed the new system, from solicitors to campaigners for family law reform. But others have raised concerns.
Here is a closer look at some of the arguments for and against no fault divorce.
Arguments for no fault divorce
Supporters of the new divorce law see the removal of blame as a positive step forward.
As well as making the divorce process less stressful, it is hoped that couples will find it easier to deal with finances and childcare arrangements now they are no longer forced to point fingers at one another.
Removing the option to contest is also welcomed by supporters of the reforms.
A spouse who contested a divorce application could make the process far more complicated and expensive. In some cases, they could even prevent the divorce from going ahead for several years.
The new law brings an end to that situation.
Under the new system, nobody should have to remain in a marriage for longer than they wish.
Arguments against no fault divorce
Arguments against no fault divorce range from practical concerns to wider moral questions.
The main concern is that making the divorce process easier may encourage couples to choose divorce too quickly instead of trying to work on their relationship.
This could result in marriages ending unnecessarily.
A related concern is that while divorce has been simplified in some respects, the reforms have not changed the process for dealing with finances and children.
Some worry that people may be drawn in by the promise of an easier divorce without fully appreciating the challenges of separating financially and making child arrangements.
Some opponents of no fault divorce also argue that it weakens the institution of marriage.
The argument is that marriage is a cornerstone of family life and social stability, and making it too easy to end risks diminishing its importance.
Talk to a divorce solicitor
If you have questions about divorce, speaking to a family solicitor can help you understand your options and next steps.
The Law Superstore connects you with family solicitors across England and Wales. Just enter a few details to compare prices and connect with professionals who can guide you through the divorce process.
