The ‘no fault divorce’ comes into force TOMORROW for couples who want to split amicably – but experts warn new legal separations which can be filed by just ONE partner, without a reason – are difficult to oppose

• New ‘no-fault’ legislation will come into force in England and Wales Wednesday
• Couples will be able to split without apportioning blame and dredging up past
• Campaigners have branded it biggest shake-up of divorce law in half a century 

Unhappy married couples can divorce more amicably from Wednesday as the long-awaited ‘no-fault’ legislation comes into force in England and Wales.

Campaigners have heralded the development as the biggest shake up of divorce law in half a century, and a ‘hallelujah moment’ for couples wishing to split without apportioning blame and dredging up the past.

The law will ‘help couples move forward’ and enable them to ‘secure the best outcome for their family without unnecessary conflict’, campaigners say. 

But some experts fear a flurry of divorces from partnerships that could still be saved by counselling or other means, exacerbated by the fact that under the new system, the option to contest the separation will be removed.

The petition for divorce can also be filed by just one partner.  

Stuart Ruff, partner at the south London and Kent law firm Thackray Williams, said: ‘This is the legal watershed that couples have been desperately waiting for.

The new divorce law will ‘help couples move forward’ and enable them to ‘secure the best outcome for their family without unnecessary conflict’, campaigners say

‘It is truly a hallelujah moment and will save couples untold pain of having to blame somebody for a divorce.’

What you need to know about the new divorce law which comes into effect in England and Wales from April 6 

Here is a breakdown of what the divorce law reforms will look like and how no fault divorce will work from April 6

1. Divorce can be granted without one person (spouse) blaming the other

The most important element of no fault divorce is, of course, the removal of fault or blame from the divorce process. Under the new laws, couples will be able to get divorced solely on the basis that the marriage has broken down, without needing to cite one of the 5 reasons for divorce (as is currently required).

This means that if the couple agrees to a divorce and the divorce is amicable or uncontested, there won’t be a requirement for one person to blame the other for the breakdown of the marriage.

2. Couples will be able to apply for divorce jointly

Under current laws, one spouse needs to issue divorce proceedings against the other. The person who starts the divorce is called the petitioner and the other person is called the respondent. Under the no fault divorce system, both people will be able to make the application jointly. 

3. Divorce terminology will be updated

Some of the wording used in the divorce process has been flagged as outdated, so this is being brought up to date. The person applying for the divorce will be called the applicant, instead of the petitioner. The decree nisi will become the conditional order and the decree absolute will be called the final order.

4. There will be a minimum of 20 weeks between the application and conditional order

A minimum timeframe of 20 weeks is being introduced between the application and the conditional order. This timeframe has been introduced to counter concerns that the reforms will make divorce a quicker and easier option for couples than trying to save their marriage. This ‘period of reflection’ will give couples an opportunity to reflect and work through their differences before committing to a divorce.

There will then be a minimum 6 week period between the conditional order and the final order.

Another option for couples is to enter into a separation agreement, which is a written agreement outlining the terms of the separation. A separation agreement will not end the marriage, but it can enable both people to agree on the terms of the separation.

5. It will no longer be possible to contest a divorce

Under the current system, one person submits a divorce petition, citing their spouse’s behaviour or a period of separation as the reason for the divorce, and their spouse can contest this. This is exactly what has happened in the high-profile divorce case of Tini and Hugh Owens. Under the new no fault divorce system, this option will be removed.

Current divorce process in England and Wales

In order to be granted a divorce in England or Wales, the court needs to be convinced that the marriage has irretrievably broken down, to a point where it can’t be saved.

Under current laws, unless a couple lives separately for at least 2 years they can only get a divorce if one person blames the other for this irretrievable breakdown of their marriage, and this must fall into the category of either adultery or unreasonable behaviour.

These blame-based options are two of 5 legally recognised reasons for the breakdown of a marriage under current laws. 

Source: Co-op legal services

Tini Owens, whose case sparked the campaign for a law change almost four years ago, called the move an ‘important milestone’.

She lost a Supreme Court fight in 2018 after failing to convince judges that her 40-year marriage should end.

She said: ‘No-one should have to remain in a loveless marriage or endure a long, drawn out and expensive court battle to end it.

‘This change in the law guards against that happening and I welcome it.’

Her solicitor, Simon Beccle – partner at Payne Hicks Beach, said the change ‘does not come soon enough’.

He said: ‘In addition to reducing potential conflict by removing the issue of blame from the divorce law, there are lots of positives to be taken from the new law, not least in allowing joint applications for divorce for the first time, removing the ability of one spouse to defend a divorce and simplifying the divorce terminology and language.’

Anyone thinking this law change will usher in ‘quickie divorces’ would be mistaken, he said, as there is a minimum 20 weeks between starting proceedings and applying for a conditional order, and a further six-week period before divorce is granted.

Until this week in England and Wales, unless someone could prove there was adultery, unreasonable behaviour or desertion, the only way to obtain a divorce without their spouse’s agreement was to live apart for five years.

The online divorce service Amicable said the move signals a ‘huge narrative shift to separation’ and will go some way to healing the ‘blame-laden’ system

Co founder Kate Daly said the group ‘fiercely contest’ claims that the new legislation will undermine the sanctity of marriage, instead saying it enables divorce to be achieved ‘in a less punishing, more collaborate way’.

Elspeth Kinder, partner and head of family law at JMW Solicitors, said there is likely to be a temporary spike in applications because some couples have delayed acting until the rules change.

She said couples applying for divorce together ‘may well become the standard process as lawyers seek to minimise conflict’ and the new legislation will ‘massively speed up’ the process for couples who previously would have elected to divorce on the basis of two years’ separation.

The National Family Mediation charity said it is preparing for what it expects to be its busiest month ever, with its mediators ready for a ‘flood of enquiries’.

Experts warned the move could bring some unintended consequences.

The minimum 20-week wait ‘will irritate many’, warned Sarah Anticoni, partner at Charles Russell Speechlys.

She added: ‘Divorce lawyers have rightly spent years lobbying for the end of the often-toxic ‘blame game’.

‘However, if couples no longer articulate the demise of their marriage in this way, it is unclear where the feelings of loss, grief and anger will manifest themselves.

‘This may need to be addressed through other services, including counselling.’

Groups also called for more support for children whose parents split up.

The Family Solutions Group welcomed the introduction of no-fault divorces but said it is ‘only one part of the jigsaw’, calling for more help to reduce conflict for children whose parents are separating.

The Positive Parenting Alliance said the positive move is ‘far from the great leap forward that’s needed to provide the fundamental changes required to safeguard the mental health of children around parental breakdown’. 

Founder James Hayhurst said: ‘Now we need to start thinking very differently and more broadly about the whole issue of relationship breakdown and divorce, which should be treated as an urgent health and wellbeing issue – for both parents and children.’

‘This may need to be addressed through other services, including counselling.’

Groups also called for more support for children whose parents split up.

The Family Solutions Group welcomed the introduction of no-fault divorces but said it is ‘only one part of the jigsaw’, calling for more help to reduce conflict for children whose parents are separating.

The Positive Parenting Alliance said the positive move is ‘far from the great leap forward that’s needed to provide the fundamental changes required to safeguard the mental health of children around parental breakdown’. 

Founder James Hayhurst said: ‘Now we need to start thinking very differently and more broadly about the whole issue of relationship breakdown and divorce, which should be treated as an urgent health and wellbeing issue – for both parents and children.’

How no-fault divorces have divided opinion since being floated as potential legislation in 2015

No fault divorce first came onto the political agenda back in 2015, when Conservative MP Richard Bacon presented the House of Commons with the No Fault Divorce Bill. 

Since then, campaigners have been pushing for UK divorce law to be overhauled so that couples can be granted a divorce purely on the basis that their marriage has irretrievably broken down, without the need to lay blame on one person.

Former President of the Supreme Court, Baroness Hale, has been an advocate for the introduction of no fault divorce into UK law. 

She believes that being able to say the relationship has simply failed, without holding either person accountable, could ease some of the stress and pain that couples often endure during separation.

She also believes that this process would make it easier for couples to settle the terms of their divorce, without getting caught up in long-winded, acrimonious legal battles in court.

Other campaigners suggested that the current process for divorce can cause the relationship between the divorcing couple to deteriorate even further, as one person dredges up and documents evidence of the other’s behaviour.

On the other side of the coin, some people have been opposed to the introduction of no fault divorce into UK law. 

Some believe that making the divorce process easier could be damaging to the sanctity of marriage. They argue that couples may not think carefully enough before entering into a marriage if they feel that they can easily divorce if it doesn’t work out.

Some cited other potential risks associated with making divorce more straight-forward and more accessible, feeling that this could lead to more couples opting for divorce as soon as difficulties arise instead of taking the time to try to save their relationship.

It was also argued that a spouse who had committed adultery or behaved unreasonably should not be able to get divorced without being held to account.

Source: Co-op legal services

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