No Fault Divorce - One Year On

In April 2022, the way you are able to divorce your partner changed in the UK. The new rules meant that there was no need to cast blame or even have a specific reason, such as adultery or unreasonable behaviour, to justify the divorce. The new process requires only a statement from one spouse that says the marriage has irretrievably broken down. There is also now the opportunity for joint divorce, enabling a more cooperative approach from the outset. This could be beneficial if there are children involved, as the process doesn't begin by forcing a couple to search for blame in the divorce application process before they move on to the more complex, and potentially abrasive, child arrangements. 

 

There were 12,978 digital divorce applications in April 2022, compared with 6764 in April 2021. Thousands of couples were actually waiting for the new rules to come into force, in order to simplify the process and eradicate the inbuilt 'blame game', which only served to escalate acrimony. 

 

This has brought the UK in line with many other countries that have had no-fault divorce for a number of years, for example it has been an option in mainland Europe since the 1970s. Other jurisdictions are also making similar changes. In February 2023, the UAE introduced a similar no-fault divorce system for non-Muslim residents, where they would have previously had to divorce under Sharia Law. In the USA, Maryland is also currently considering the change, which would make it the 40th US state to do so. 

 

There is no doubt that the introduction of no-fault divorce has been a positive move. Although we regularly still see issues surrounded child arrangements and financial matters, the reduction in acrimony at the outset of the process encourages cooperation between the separating parties, which can, in turn, help reduce the time and costs surrounding these issues. 

 

Get in touch with us today if you require assistance in the Family Court.