It is one year on since “no fault divorce” was introduced in England and Wales. The legislation removed the requirement to prove one of the five facts for divorce and thereby introduced a no fault-based system. Instead, all that is necessary is for at least one spouse to prove that the marriage has irretrievably broken down. The new law also allows for separating couples to make a joint divorce application and removes the ability for one party to contest a divorce.
Previously, fault was the main basis for divorce. There was a legal requirement to apportion blame on one party irrespective of the real reasons for the divorce. This fault was established in three ways: adultery, unreasonable behaviour and desertion. If you could not allege one of these faults the divorce was not possible unless you had been separated for two years with the agreement of the other party or five years without agreement.
Apportioning blame was unproductive for separating couples as it intensified an already emotional and difficult situation. It would often cause resentment between the parties and make it more difficult for them to negotiate a financial settlement and/or childcare issues.
The new no-fault divorce system has made the divorce process a lot more positive, removing the animosity created by the old law. The change has allowed the parties to focus on more important issues, such as finances and children.
The ability for separating couples to make a joint divorce application allows both parties to be equally in control of their divorce. This change removed the unnecessary distress caused by allegations of fault. Removing the ability to contest a divorce has also made it easier for victims of domestic abuse and coercive control to leave their marriage. Overall no-fault divorce has been a long-awaited and welcomed reform of the law.
It is important for everyone going through a divorce understands the new legislation and what to expect from it. At Martyn Prowel Gartsides Solicitors, our highly experienced divorce solicitors are fully up to date with the new legislation and can provide you with clear and practical advice.
If you have any questions regarding no-fault divorce or would like to discuss anything further, we would invite you to get in touch with our Family team.