When will ‘no-fault’ divorce become law?

The Divorce, Dissolution and Separation Act 2020, which will allow married couples to divorce without assigning blame, will come into force on 6th April 2022. The Act aims to end the ‘blame game’ and reduce conflict between parties going through a divorce. The divorce laws currently in place in the UK have been widely criticised for forcing couples to apportion blame onto one-another, causing animosity between ex-partners and potentially detrimental effects on those wishing to co-parent. The new divorce laws will, instead, allow for a statement of ‘irretrievable breakdown’ and a joint application for divorce to be made – without a finger being pointed at either spouse. The current laws force spouses to evidence ‘unreasonable behaviour’ such as adultery, behaviour, and desertion to be the cause of the breakdown of the marriage or alternatively, if this cannot be evidenced then both parties must be separated for at least two years if the other spouse consents to the divorce or five years if the other spouse does not consent. For further information about changes to the grounds for divorce, read more about the new divorce rules coming into force in 2022.

Although no-fault divorce is not expected to come into practice until spring 2022, it is good to have some background knowledge on the divorce process including financial and child contact issues. Our friendly legal experts can talk you through the available options to help you achieve the best outcome possible.