No Fault Divorce


What is No-Fault Divorce?
Before the introduction of no-fault divorce, couples seeking to divorce had to attribute blame to one party for the breakdown of the marriage. This typically meant accusing the other person of adultery, unreasonable behaviour, or desertion. If a couple hadn’t been separated for at least two years, one party had to point to a fault to prove that the marriage had irretrievably broken down.
However, with the Divorce, Dissolution, and Separation Act 2020, the need to assign blame was removed. Now, the petition for divorce only needs to state that the marriage has irretrievably broken down, and no proof is required. If both partners agree to divorce, the court will grant the application without considering the reasons.
Why Was the Law Changed?
The change in the law was long overdue, aiming to reduce unnecessary conflict in the divorce process. In many cases, couples have simply grown apart over time, and there’s no one person to blame. It was often seen as unfair for one spouse to be forced to fabricate examples of unreasonable behaviour when none existed. This could lead to unnecessary disputes right at the start of the process.
Additionally, the old law sometimes trapped people in unhappy marriages. For example, some individuals could not get a divorce because they didn’t meet the requirements to prove fault or didn’t want to accuse their spouse of bad behaviour. These situations raised moral questions about whether it was right to keep someone in a marriage they no longer wished to be part of.


What Are the Benefits of No-Fault Divorce?
1. It Can’t Be Contested
Previously, if one spouse opposed the divorce, the other had to prove fault, like adultery or unreasonable behaviour, to get a divorce. This could lead to lengthy, expensive, and stressful court battles. With no-fault divorce, it’s no longer possible for a spouse to contest the divorce, except in very limited circumstances (for example, if the divorce should be filed in another country). This should make the process faster and more straightforward.
2. Promotes Cooperation
With the requirement to place blame removed, couples can approach the divorce in a more cooperative manner. Instead of starting the process with accusations and arguments, couples are encouraged to work together to move forward. The option to apply for a divorce jointly means both parties agree that the marriage is over and can start the process on a more amicable note.
3. Keeps Costs Down
While a no-fault divorce may still have associated costs, it can help reduce the overall expenses. A contested divorce that goes to court can cost thousands, especially if the financial settlement or child custody issues are also disputed. With a no-fault divorce, if both parties agree to the divorce and are open to negotiations, the costs can be much lower. Using a mediator to help resolve disagreements can also keep costs manageable.
4. Less Stress for Children
If you have children, keeping the process as amicable as possible is vital. Children can be deeply affected by conflict between parents. A no-fault divorce encourages collaboration and less acrimony, which can make the whole process smoother and less stressful for the children. By agreeing on how the divorce will proceed, you’re showing your children that you can both act in their best interests.
5. It Takes Less Time
A no-fault divorce isn’t a “quickie” divorce, but it is more efficient than the old process. A minimum waiting period of 20 weeks is required between applying for the divorce and the Conditional Order (formerly known as the Decree Nisi). While this waiting period gives couples time to consider their next steps, it also allows space for discussions about finances, living arrangements, and children. If both parties are cooperative, the entire process can be completed in around six months without needing a court hearing.
6. Empowerment for People in Difficult Relationships
For individuals in abusive relationships or those who fear their partner’s reaction to divorce, a no-fault divorce can be an important step toward taking control of their life. Previously, people had to cite specific examples of bad behaviour or wait a long time for a divorce if their spouse didn’t agree to it. Now, a person can divorce without having to confront their spouse about their behaviour or risk prolonged emotional manipulation.

How Kayson Solicitors Can Help
At Kayson Solicitors, we understand that divorce is a challenging and emotional process. Whether you’re considering a divorce now or later under the new rules, we’re here to guide you through every step. Our expert family law team is dedicated to offering the support and advice you need, ensuring the process is as smooth and amicable as possible.
If you’re considering divorce or need assistance with any family law matters, don’t hesitate to contact us for a consultation. We’re committed to providing clear, compassionate, and professional advice tailored to your situation.