What is a No Fault Divorce & When Do they start?

It has been confirmed that married couples wishing to divorce will be allowed to do so without assigning blame, from 6th April 2022 – when the Divorce, Dissolution and Separation Act 2020 comes into force. Ministers have confirmed the date of 6th April next year as the day the divorce process update will begin.

No Fault Divorce

Originally, the start date for the so-called no-fault divorce was Spring 2020 but the delay was necessary to allow for the IT changes to be made to HM Courts and Tribunals’ Service (HMCTS) online divorce systems. This new aspect to divorce law follows 30 years of campaigning for this change and it is hoped the divorce process will be less damaging as a result.

What Is No Fault Divorce?

Thanks to the Act, couples will be able to divorce more amicably and without the need to apportion blame on one party. Partners will be allowed to petition for a divorce jointly on the basis that the marriage has broken down rather than having to state a specific reason for the divorce.

Current Divorce Law

At the moment, couples have to state one of five grounds for divorce, which are:

• Adultery
• Unreasonable behaviour
• Desertion
• 2 years separation with consent
• 5 years separation without consent

A Welcome Change To Divorce Law

The no-fault divorce means couples can divorce in a more civilised way than currently allowed, which is particularly beneficial for the welfare of any children who are involved. There should be a big change in how divorce is viewed as there will no longer be the need to state that one party has behaved unreasonably during the marriage and this is the reason for wanting a divorce. No-fault divorce also removes the option to contest a divorce and enables couples to make a joint application for divorce. However, there is a minimum timeframe for no-fault divorce which removes the option of a quick divorce which many thought would be available still. The changes will also apply to the ending of civil partnerships. The no-fault divorce is undoubtedly a positive and modern step for divorce law and the divorce process for divorcing couples.

How We Can Help You With No Fault Divorce

Our family solicitors have the experience and sensitive approach to help individuals through the often-difficult process of divorce, using their understanding and knowledge of the law and individual client circumstances to make the process as straightforward and stress-free as possible. We are here to help you at every step and provide a free initial consultation to discuss your ideal outcomes from a divorce – whether you choose to divorce under current divorce law or to do so after 6th April when you can apply for a no-fault divorce. To speak to one of our specialist solicitors for advice or to find out more about no-fault divorce, contact us on 01244 311 633 or email advice@bartletts.co.uk