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How No-Fault Divorces Changed The Landscape

by | May 13, 2024 | News

On 6 April 2022, the Divorce, Dissolution and Separation Act 2020 came into force, which heralded a new era for the law on divorce and civil partnership dissolution.

Until then, there had only been one ground for divorce – the irretrievable breakdown of the marriage. However, the new act meant that couples could now get a no-fault divorce.

This change in the law has had a significant impact on the divorce landscape, and in this post, we’ll be discussing how.


Blame Game Abolished

Firstly, no-fault divorces have removed the need to attribute fault or blame for the breakdown of the marriage.

In the past, one or more parties would need to blame the other side, which would often create animosity and resentment between spouses. The divorce would need to be evidenced by one of five facts, including adultery, ‘unreasonable’ behaviour, desertion, two years’ separation with consent or five years’ separation.

Nobody wants a divorce that’s fraught with bitterness or hostility, and thankfully the removal of the blame game has reduced much of that as a marriage is able to be dissolved without fault having to be attributed to either party.


Faster Process

No-fault divorces have streamlined the process by eliminating the need for a lengthy separation period before filing for divorce.

In the past, under the fault-based divorce system, couples were often required to undergo a separation period of up to two years before they could start their divorce proceedings. 

This not only resulted in additional stress and uncertainty for both parties, preventing them from getting on with their lives, but also added unnecessary delays and administrative burdens to the divorce process. 

Thanks to the implementation of no-fault divorce, couples can now initiate proceedings without the need for a prolonged separation period. As well as reducing stress, this allows each party to move forward sooner with the divorce settled in a timelier manner.


Kinder On Children

If there are kids involved, they can also benefit from a no-fault divorce as the reduced acrimony sets the stage for a more cooperative environment.

Divorce is never easy for children, but if both sides are at war then this makes it all the more difficult. Parents can also become less cooperative when children are involved, particularly if they’re at loggerheads over who’s to blame for the breakdown of the marriage.

But with the removal of blame, this prioritises the welfare of any children involved by encouraging cooperative co-parenting arrangements and minimising the impact conflict could have.


Reduced Costs

Under the no-fault divorce legislation, the process is now often more cost-effective. The streamlined process and removal of the resource-hungry fault-based requirements have led to reduced legal fees and administrative expenses.

Previously, couples may have incurred higher costs due to prolonged legal battles, acrimonious negotiations and the need for additional documentation to prove fault or wrongdoing. However, all of this is now avoided, meaning couples can often achieve a quicker resolution that costs less.

If you’re on the hunt for trusted and reliable divorce solicitors, speak to us as we have extensive experience in this area of law.