Breaking Down the Basics
6th April 2022 marked a historic moment in divorce law in the UK as it ushered in the era of ‘no-fault divorce.
Couples now have the option to pursue a no-fault divorce, marking a significant change in how divorces are handled.
In this blog post, we will delve into the basics of no-fault divorce and explore its implications for couples seeking to end their marriage.
So, let’s dive in and understand what no-fault divorce means and how it differs from traditional divorce proceedings.
What is a No-Fault Divorce?
A no-fault divorce simplified the divorce process by eliminating the need to assign blame or prove fault. This is a marked shift from the old process which required the couple to rely on one of the ‘five facts’ to prove grounds for divorce. The principle basis remains that the marriage has irretrievably broken down, but the particulars of establishing so are no longer necessary.
The new law promotes a more constructive approach to divorce, eliminating the adversarial nature of the process and fostering a more peaceful resolution.
Who is Eligible for a No-Fault Divorce?
The no-fault divorce process impacts those that are looking to legally end a marriage or civil partnership. Either party or both parties can apply for a no-fault divorce in the UK. This means the application can be either ‘sole’ or ‘joint.’ If one party ceases to cooperate in a joint application, the application can continue as a sole application. The focus of this law is to recognise the autonomy of the individuals going through the divorce, allowing them to manage their affairs without unnecessary blame or conflict.
What’s New?
The Divorce, Dissolution, and Separation Act 2020 has introduced critical changes to the UK’s divorce process:
- Applicants only need to state, not prove, that the marriage has irretrievably broken down.
- The court must accept this statement and grant a divorce order.
- The possibility of contesting the divorce is significantly reduced.
- Legal terminology has been simplified: ‘petitioner’ is now ‘applicant,’ ‘decree nisi’ is ‘conditional order,’ ‘decree absolute’ is ‘final order’.
- A minimum ‘period of reflection’ of 20 weeks is introduced from submitting the divorce application to the application for a conditional order.
- Either or both parties can initiate divorce proceedings, accommodating ‘sole’ and ‘joint’ applications.
Why Does Divorce Law Need to be Changed?
There were many reasons why the UK’s divorce law needed to be changed. Some of the main factors that contributed to this need for reform include:
Outdated laws
The previous laws regarding divorce were created in the 1960s and have not been updated since then. This meant that they did not reflect modern relationships and societal changes.
Conflict between couples
The previous law required couples to place blame on one another, which often caused unnecessary conflict and tension during the divorce process.
Unfairness
In some cases, individuals were forced to stay married to abusive or incompatible partners due to the strict requirements of the previous laws. This was seen as a violation of their rights and unfair towards them.
Changing attitudes towards marriage
Marriage is no longer seen as a lifelong commitment, and many couples choose to separate amicably rather than place blame on one another. The previous laws did not allow this, leading to unnecessary stress and tension during the divorce process.
Call for change
There have been calls for reforming divorce law for many years, with various organisations and individuals advocating for changes. The government finally responded to these calls and brought DDSA 2020 to modernise divorce law.
The Implications of No-Fault Divorce
No-fault divorce, a fresh legislative introduction to the UK’s legal system, brings many benefits and possible drawbacks. This non-accusatory approach to divorce presents a more streamlined and less adversarial alternative to the previously fault-based system.
Upsides of No-Fault Divorce
Efficient and Simplified Procedure
No-fault divorce introduces a more streamlined process. It eliminates the need to establish blame, often leading to lengthy and contentious proceedings.
Safeguarding Privacy
This system dramatically preserves the couple’s privacy as it doesn’t necessitate publicly detailing personal issues in court—a distinct relief in cases involving sensitive matters.
Reduction in Conflict
Doing away with the requirement to establish misconduct diminishes the level of discord in the divorce process, paving the way for a more amicable separation.
Economical and Time-Saving
The no-fault approach is cost-effective by curtailing legal correspondence charges. Furthermore, the decreased number of defences against divorce expedites the process, saving both time and financial resources.
Period of Reflection
The newly introduced waiting period affords couples time for reflection, allowing them to reconsider their decision or seek reconciliation before progressing with the divorce.
Empowering Domestic Abuse Survivors
This system is particularly advantageous for victims of domestic abuse. They can now initiate divorce proceedings without the fear of confrontation or retribution.
Downsides of No-Fault Divorce
Lack of Responsibility
A significant downside to the no-fault system is the absence of accountability. For those who perceive their partner’s actions as the cause of the marital breakdown, the non-accusatory system may seem unfair.
Limited Legal Rebuttals
The new laws greatly restrict the courts’ ability to halt a divorce, leaving individuals with fewer options to dispute the divorce.
Extended Waiting Time
Although intended for reflection, the newly instituted waiting period may be perceived as an unnecessary delay, particularly for those who wish to expedite their divorce proceedings. Further, the application surge has stressed the court system, leading to longer processing times.
