How the new no fault divorce law has led to a smoother process

This time of year, can be bleak – not just because of the weather. January has long been noted as a peak time for divorces by our expert solicitors in Sheffield and Doncaster, so much so that the first working day back after the holidays is often dubbed Divorce Day.

But new legislation has given divorce law the biggest shake-up in more than a century, and if you are considering starting proceedings, here is everything you need to know.

What is the new no fault divorce law?

The new no fault divorce law is dealt with under The Divorce, Dissolution and Separation Act (2020). Primarily it ends the need for separating couples to blame an individual for the breakdown of the marriage.

In the past, couples would need to cite grounds such as unreasonable behaviour or adultery or be separated for years before they could divorce, even if the separation was a joint decision.

Before 1914, divorce was rare and legal restrictions required proof of adultery or violence. The law has been amended several times over the years as society evolved, but only now has the ‘blame game’ surrounding divorce been removed entirely. This reflects the reality of many people seeking a divorce simply due to both parties drifting apart or wanting different things in life – rather than due to wrongdoing.

What does the new no fault divorce law mean?

Under the new no fault divorce law, couples can jointly apply for a divorce by stating their marriage has broken down irretrievably. This is the first time this has been possible. The reforms also mean that one partner cannot contest the divorce, effectively locking the other into an unhappy marriage.

Importantly, a minimum period of 20 weeks now applies from the start of proceedings to a conditional order of divorce being issued. This means that couples have time to make practical arrangements for the future. Another six-week period applies before the final order can be issued. And the somewhat archaic language surrounding divorce has also been simplified. Terms such as ‘decree nisi’, ‘decree absolute’ and ‘petitioner’ have been replaced with ‘conditional order’, ‘final order’ and ‘applicant.’

The advantages of no fault divorce law

The new no fault divorce law has been welcomed for a diverse number of reasons.

Firstly, removing the need to place blame on one individual can remove a lot of tension and acrimony from a situation where emotions are already running high. This can make the difficult process more manageable, particularly when it comes to parents who will need to make arrangements for and co-parent their children together. The effect that divorce has on children is often a key concern for parents.

As well as easing some of the stress that comes with divorce, this new law also reduces the likelihood of long and complex court battles. Charities have also welcomed the fact that people who have experienced domestic abuse in a marriage will now find separation more accessible.

Previously, victims of domestic abuse would have had to have proved grounds for divorce, difficult for any petitioner, or waited two or even five years if the other party did not consent to the divorce. They could also have had to face their perpetrator in court if they contested, and the length of the process would have increased the amount of time the perpetrator controlled the victim. And even the act of filing for divorce using grounds of unreasonable behaviour could have sparked further abuse.

The reforms are part of government efforts to reduce conflict in the family courts and protect children from harm.

What is the UK divorce rate?

Famously, King Henry VIII divorced two of his wives in his pursuit for a male heir. However, not everyone had the wealth, influence, and determination of the 16th-century king on their side, and even by the first decade of the 20th century, there was just one divorce for every 450 marriages.

Anecdotally, it is felt that divorce is more common than ever before, and some have said the new no fault divorce law may lead to a further increase in separations.
The minimum time frame of 26 weeks aims to give both parties time to reflect on their decision. The most recent Office of National Statistics figures show that in 2021 113,505 divorces were permitted in England and Wales, a 9.6 per cent increase on 2020.

The Covid-19 pandemic of 2020 is likely to have affected this figure, both because of delays in family court activities during lockdown periods and the impact of the pandemic on relationships. Looking at longer-term trends, more couples reach their tenth wedding anniversary without divorcing now than they did in the 1960s or 1990s. For couples married in 2011, less than one in five marriages ended in divorce by their 10th wedding anniversary.

How do I start the divorce process?

Getting a divorce can be expected to take at least six months. It can be a complex process even with the new no fault divorce law, as the end of a marriage also means the end of a joint home and intertwined joint finances and requires new parenting arrangements to be made in many cases. There is a lot of decision making and documentation involved.

It is a good idea to get legal advice and support or counselling from organisations such as Relate from the start to help you along the way.

There are several stages to getting divorced. To get started you will need to decide if you wish to make a solo or a joint application for divorce, apply online or by post, pay a divorce fee and then start to make arrangements for children, money and property.

Reaching out for help with divorce

Our family law specialists at Taylor Bracewell can help you through every step of the divorce process.
We have years of experience in helping families through difficult times with dignity and to a successful conclusion.

Reach out to our expert solicitors in Sheffield & Doncaster to learn how we can be by your side during such uncertain times.