After a lengthy delay, the Divorce, Dissolution and Separation Act 2020 will finally come into force on 6 April 2022. This essentially means that from this date onwards, married couples will be able to get divorced without any legal requirement to attribute blame. The Act will also revise the legal process for civil partners to dissolve their civil partnership.

No fault divorce represents the biggest reform to the divorce laws in England and Wales in almost half a century, and is set to revolutionise the way in which spouses can formally ‘uncouple’ — it’s hoped on much more amicable terms, as there will no longer be any need for one party to make unnecessary allegations about the other.

Under the existing legislative regime, as set out under the Matrimonial Causes Act 1973, either party to a marriage can petition for divorce, but this cannot be done on a joint and mutually agreeable basis. Further, unless they want to endure up to 5 years’ of separation before being granted a divorce, the petitioning party must make accusations about the conduct of their ex.

To prove that the marriage has ‘broken down irretrievably’, the rather unsavoury options under the 1973 Act — and almost certainly likely to exacerbate any existing acrimony — include adultery, desertion or unreasonable behaviour, the specifics of which must be cited, such as verbal or physical abuse, being financially irresponsible or poor sexual relations.

Even in circumstances where a mutual agreement to separate has been reached, and both parties want to officially bring their union to an end, absent proof of one of the three prescribed fault-based facts as set out under the 1973 Act, the couple must still be separated for a period of 2 years before the marriage can be legally dissolved.

Under the new law, ‘irretrievable breakdown’ will remain the sole basis for divorce, although the need to cite any facts will be removed. Couples will also be able to make a joint application where divorce is a mutual decision or, alternatively, one person can apply, in either case by simply filing a statement that the marriage has irretrievably broken down. That statement will then be treated by the court as conclusive evidence that any differences are irreconcilable and, without any further particulars, that an order must be made.

There will be a minimum wait of 6 months between the initial application stage and the grant of a final order to provide the parties with a period of reflection and, of course, the possibility of reconciliation. However, the primary focus of the proposed reforms is on separated couples officially ending their marriage in a more positive and conflict-free way. This is especially so where there are children involved and, therefore, a need to remain on good terms.

Children undoubtedly cope much better with family separation if their parents are able to adopt a collaborative approach to co-parenting. Equally, parents are more likely to work well together if they’re not forced into a pointless blame game. As such, where reconciliation isn’t possible, the mandatory timeframe between issue and final order will provide the parties with the opportunity to agree important practical matters moving forward, from childcare and access arrangements to the division of marital assets.

Legal disclaimer

The matters contained herein are intended to be for general information purposes only. This blog does not constitute legal advice, nor is it a complete or authoritative statement of the law in England and Wales and should not be treated as such. Whilst every effort is made to ensure that the information is correct, no warranty, express or implied, is given as to its’ accuracy, and no liability is accepted for any error or omission. Before acting on any of the information contained herein, expert legal advice should always be sought.