No fault divorce

As of the 6th of April 2022 no fault divorce came into effect in England and Wales. This means that individuals seeking to end their marraiage or civil parnternship do not need to blame the other party for the breakdown of their relationship.

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An end to the 'Blame Game'

Previously the law had required separating couples to choose one of the five reasons below as a ground for divorce:

2 years separation
5 years separation
Adultery
Desertion
Unreasonable behaviour

The new law allows a divorce to proceed based on the simple statement that the marriage has broken down irrretrievably, leaving behind the fault-based system of blaming one part for the breakdown od the relationship.

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The Owens v Owens case was the catalyst for introducing "no-fault" divorce litigation. The case drew great attention from the public and evidenced that the law was "out-of-step" and needed reform.

What are the changes associated with no fault divorce?

The previuous 'Decree Nisi' is now referred to as a 'Conditional Order' and a 'Decree Absolute' has become a 'Final Order'.
The 'Petitioner' (the personal submitting the application) has become the 'Applicant'.
You no longer need to establish one or more facts to prove an irretrievable breakdown of the marriage.
No fault divorce has also introduced join applications when both couples agree that the relationship has broken down.
Neither party is able to object to a divorce or separaration
A miminum 20-week period from the start of the proceedings to when the 'Conditional Order' can be made was introduced.

FAQs for No Fault Divorce

Anyone entitled to a divorce in England and Wales will be able to apply for a no fault divorce.

No, whether you are part of a heterosecual marriage, same-sex marriage or civil partnership, our experts divorce lawyers offer advice bespoek to your individual needs and circumstances.

Previosuly, separating couples were only able to get divorced with blame proven or to divorce without balme if they had separated for two years and if both parties agreed to the divorce, or five years if one party refused.

The previous system did not allow for couples to get a blame -free divorce and the case of Owens v Owens flagged the need for change in the system of applying for divorce.

It’s your time to trust us

If you would like to speak to one of our no-fault divorce lawyers regarding yoru current situation, we offer a free, no obligation consultation. This will give you the opportunity to meet with one of our experts and address your questions.

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Awards & Recognitions

We’re recognised by the Legal 500 as a Leading Firm in a number of practice areas. That means that an external, objective body has scrutinised our competency and client reviews, and found us to be one of the top family law practices in the UK.

Our lawyers are members of Resolution, so we are committed to a Code of Practice which promotes a constructive approach to family issues that considers the needs of the whole family.