As of April 2024, we are two years on from the end of the “blame game”. April 2022 saw the biggest reform to divorce laws in England and Wales in decades bringing into force No Fault Divorce applications.
What is the law?
As a reminder, under the no-fault process, couples are no longer required to blame one another for the breakdown of their marriage moving away from a reliance on unreasonable behaviour, adultery, or separation for a period of 2 or 5 years. The law means that a couple can cite the “irreconcilable breakdown” of the marriage by way of a joint or individual application to the court. This brought England and Wales in line with other jurisdictions such as France, Germany and Australia which have had no-fault divorce since the 1970s.
The positives…
A key positive of the no-fault process is that couples are no longer required to spend time discussing the basis/ground for the divorce. This reduces areas of potential acrimony from the outset and allows for parties to move forward more positively, encouraging cooperation between spouses.
In turn, parties can spend time focusing on key issues which still need resolving such as the division of the matrimonial assets and care of the children of the family.
The negatives…
The real drawback of the no-fault process is that it is too straightforward. The number of online divorce applications for January to March 2023 was 27,656. The number of couples utilising the online divorce portal has increased from 88% to 96% for the same period from 2022 to 2023.
The ease to which parties can issue proceedings has meant that several couples have proceeded to divorce without seeking legal advice and without discussing matters with their spouse prior to issuing proceedings. This has led to circumstances where one party receives divorce paperwork without being aware that there was any issue within their marriage or that their partner was intending to seek a divorce. Further, there remains a misconception that, once a couple is divorced, all financial ties are automatically resolved. This is not the case.
It is imperative that if couples are dealing with the divorce themselves via the online portal, they seek legal advice alongside this to ensure that the assets of the marriage, including pensions and property, are properly considered.
In cases where parties have agreed on the division of their assets directly or via mediation, any such agreement must be embodied in a legally binding court order.
In summary
The introduction of no-fault divorce has led to a more streamlined process which in and of itself reduces areas of potential acrimony. However, it is essential that couples still seek legal advice as to key issues such as finances and children. If you are considering issuing divorce proceedings or have already started the process, please contact our Family Team at (0191) 384 2441 or cel@swinburnemaddison.co.uk to discuss your next steps and to ensure all matters are properly considered and resolved.
This article is for general information only. It does not and is not intended to constitute legal or professional advice. The law may have changed since this article was published and we would always recommend that you seek specific advice on any legal issue.
