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No-fault divorce will be introduced into law on 6th April 2022. The key focus of the law change is to remove the fault or blame in divorce.

Under current divorce law, one party must divorce the other party citing a ground for divorce such as adultery or unreasonable behaviour. If neither of these grounds are applicable, a separation period of two-year separation is required with the consent of the other party or five-year separation without the consent of the other party.

Furthermore, under current divorce law the Respondent can object and defend the divorce proceedings, resulting in many people being left trapped in a marriage or spending thousands fighting to leave the marriage.

The aim of the Divorce, Dissolution and Separation Act 2020 is to reform the divorce process to reduce potential conflict and animosity. This is done by removing the ability to make allegations about the conduct and behaviour of the respondent and requiring parties be trapped in the marriage for long periods of separation.

Here are a few key points from the new Divorce, Dissolution and Separation Act 2020 coming into law on 6th April 2022:

Minimum Cooling Off Period

Currently, a simplistic divorce can be done in a period of 3 – 5 months. Under new reform the divorce will now require a minimum waiting period of 20 weeks between the divorce application and the conditional order. This is followed by a further waiting period of 6 weeks between the conditional order and final order, meaning every divorce will now take a minimum of 6 months. This time frame is intended to provide divorcing parties with a period of reflection and to plan for the future.

No Allegations of Fault

The ability to file for divorce on adultery, unreasonable behaviour or long periods of separation-based grounds will be replaced with one simple requirement. All that is required is for one party to provide a short statement confirming the marriage has broken down irretrievably.

End of the Contested Divorce

It will no longer be possible to contest a divorce, except on the limited ground of stating the Court in England and Wales do not have jurisdiction. The statement provided at the divorce application stating the marriage has broken down irretrievably will be taken as conclusive evidence that cannot be contested.

Joint Divorce Applications

As well as separate divorce applications, couples looking to get divorced amicably without one party divorcing the other can apply together through a joint divorce application. This removes

the need for back and forth between the parties and disagreements as to who should divorce who which allows couples to move forward on a technical equal playing field.