April 2025 marked three years since the introduction of “no fault” divorce in England and Wales. Prior to this, couples wanting to divorce had to rely on one of five facts to prove the irretrievable breakdown of their marriage – adultery, unreasonable behavior, desertion or separation of 2 years (with consent) or 5 years (without consent).
So now we are 3 years into the new system, how is it working?
The change has been positive no doubt. Those individuals who were not aware of the change are relieved when they hear that they do not need to provide a specific reason for the breakdown of their marriage. Previously, if a divorce petition was to be issued without waiting a set period of time, one party would need to blame the other and would need to say there was adultery or unreasonable behaviour, this could cause hostility and often meant there was a negative start to the process of separating, impacting on the decisions that would need to be made in respect of any children and the financial matters. The new process also enables parties to apply jointly for the divorce should they wish to do so.
The application is made online, and the process is simple, meaning most individuals now deal with this part of the divorce process themselves. It is essential for people to be aware that the financial aspect of divorce still needs to be dealt with separately either through solicitors or mediation. Therefore, even if you are doing the divorce online yourself, it is important to still seek legal advice in respect of the financial arrangements, as the ability to make financial claims against an ex-spouse remains in place, even after the divorce itself has been finalised.
So overall a positive change!
There are still reforms needed in other areas of the family law system but in respect of this, Chair of the Resolution’s Family Law Reform Committee has said “despite no fault divorce signaling the biggest change in divorce law in more than 50 years, it has passed without a hitch and has led to the more dignified process for which Resolution and other had campaigned for many years”.
For more information on Arbitration or if you would like an initial free consultation with one of our specialist family solicitors please contact a member of our family law team on 01825 762281 or family@dawson-hart.co.uk