Focus on English Law: no-fault divorce

An important reform has come into force this 6 April 2022 with the Divorce, Dissolution and Separation Act 2020. This is a drastic change in the divorce system in England and Wales. The “no fault divorce” has now become a reality.

Until now the spouse wanting a divorce had to prove that the marriage had irretrievably broken down based on one of the following five facts: 5 years’ separation, 2 years’ separation (with the defendent spouse’s consent), adultery, unreasonable behaviour or desertion. From now on, there is no longer need to assign blame to file a divorce application. This is the end of the ‘blame game’!

There is another change: spouses can now file a joint divorce application.

‘We are delighted that the divorce system – unchanged for more than 50 years – will finally be modernised to reflect the society we live in,’ said Law Society president I. Stephanie Boyce.

The reform should help avoid exacerbating conflicts amongst divorcing couples and encourage amicable divorces.