Exploring No-Fault Divorce: Impact on Divorce Rates in the UK
In April 2020, the legal framework for ending a marriage was restructured by the Divorce, Dissolution and Separation Act. With this update, there was no longer an official need for couples to place blame to start divorce proceedings.
Previously, there would need to be undisputable evidence of wrongdoing for a divorce to be considered. This made the process contentious, long-winded, and even more stressful. Here’s a quick guide to the changes and what they mean for divorcing couples in the UK.
What is a no-fault divorce?
No-fault means that couples can get a divorce without needing to prove wrongdoing by either party. This speeds up the process for some couples but may present disadvantages in certain situations.
The new legislation introduces the following changes:
- The previously required ‘five grounds’ are removed, allowing couples to divorce with no requirement to place blame
- Contesting a divorce is no longer possible
- The process now includes optional joint applications
- Original Latin terms translated to plain English, for example, conditional order replaces ‘decree nisi’
These updates aim to simplify the divorce process for couples across the UK, and they also apply to those wishing to end a civil partnership.
What does no-fault divorce actually mean for couples?
There are several noticeable changes for couples planning a divorce.
With the new no-fault laws, most couples only need to wait around 6 months for the proceedings to finalise. Throughout this time, couples still need to separately discuss:
- Financial arrangements
- Maintenance payments
- Legal and physical child custody
- Ongoing parenting plans
Why did the law change?
Previously, the law said that couples could only divorce if one or more ‘facts’ could prove that the relationship had broken down beyond repair. These were:
- Unreasonable behaviour
- Adultery
- Being deserted for at least 2 years
- Being separated for at least 2 years, with permission of both partners
- Separation for 5 or more years, even if one partner disagreed
These regulations added confusion and grey areas throughout the divorce process. The old laws also made it more difficult for victims of domestic abuse, who were forced to explain themselves in court an approach the subject in detail. This increased the risk of dangerous behaviour in the household.
Legislation and implementation
Even though fewer couples are applying for divorce, those who choose to separate are increasingly doing so under the no-fault legislation.
Data from the Ministry of Justice reveals that couples seeking a divorce are increasingly applying under the new law. Between January and March 2024, there were 21,662 final orders granted under the no-fault laws. That’s an increase of 19% on the same period in the previous year.
If you’re thinking of applying for divorce, knowing about the accessibility of joint applications under no-fault laws could help you to complete the process with as little stress as possible.
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