No-Fault Divorce: One Year On

One year after the landmark introduction of "no-fault" divorce in England and Wales, we review its impact on separating couples and the family court system.

The Divorce, Dissolution and Separation Act 2020, which came into effect in April 2022, removed the requirement to assign blame—such as adultery or unreasonable behavior—to end a marriage. The goal was to reduce conflict and allow couples to separate with dignity.

Reduced Animosity

Our Family Law team has observed a marked decrease in initial hostility. By removing the need to list allegations in the petition, the process begins on a more neutral footing. This has been particularly beneficial for couples with children, where maintaining a co-parenting relationship is crucial.

"The shift has been transformative. We spend less time drafting 'reasons' and more time focusing on constructive financial and child-focused solutions."

Joint Applications

A significant change has been the ability for couples to file jointly. This symbolic and legal step reinforces the idea of a mutual decision and has been a popular option for amicable separations.

The 20-Week Cooling Off Period

The new law introduced a mandatory 20-week reflection period between the initial application and the Conditional Order. While some clients find this frustrating, it ensures that divorce is not entered into lightly and provides a defined window for resolving financial matters.

Looking Ahead

While the process is smoother, expert legal advice remains essential, particularly for financial settlements (Consent Orders), which are not automatic upon divorce. Ensuring a clean break is vital to prevent future claims.