Now, married couples in England and across the United Kingdom will be able to start the divorce proceedings without blaming each other. The No-fault divorce legislation came into effect in England and Wales on 6 April 2022.
The divorce laws in England have been changed for the first time in 50 years. The decision put an end to the part of the ‘blame game’ that couples had to go through while seeking a divorce.
Experts have welcomed the new law stating that the ‘No-Fault Divorce’ would help couples move forward. They also expressed that the new law will help couples secure the best outcomes and avoid unnecessary conflict and tension.
Experts also believe that the no-fault divorce law will make divorce proceedings a much quicker process for couples.
Previously, the ground for divorce in England was adultery, unreasonable behaviour, or desertion. Couples could also get a divorce if both the partners lived separately for five years.
The new law means that one party can simply sign a statement of truth that the marriage or civil partnership has irretrievably broken down. Issues such as adultery, unreasonable behaviour, and desertion are no longer relied on.
The new regime also limits the ability of one party to challenge a divorce. This is particularly important to protect victims of domestic violence.
The most important aspect of no-fault divorce is the removal of fault or blame from the divorce process.
On the other hand, it should be noted that the Divorce, Dissolution and Separation Act (2020) also allows couples to jointly file for divorce. However, under the new law, one partner contesting a divorce does not stand in the way of the other filing for divorce.
The new law in England and Wales brings them into line with Scotland, the United States, Australia, and Germany, which have their own legal system.
The case of Tini Owens resulted in a campaign for change after she lost a Supreme Court fight in 2018 after she failed to persuade the judges that her 40-year marriage should end.
Her husband had contested her claims of unreasonable behaviour, and the judges ruled that being trapped in an unhappy marriage was not in itself grounds for divorce.
“No one should have to remain in a loveless marriage or endure a long, drawn-out, and expensive court battle to end it,” Owens said.
“This change in the law guards against that happening, and I welcome it,” she added.
The reform does not offer “quickie divorces” as there is a minimum wait of 20 weeks between a spouse first initiating proceedings and then applying for a legal order. They must then wait another six weeks before the divorce can be granted.
Many legal professionals feel the current divorce laws are out of date, and the changes seek to end the blame game that adds stress and pain to thousands of couples each year.
While experts expect a rise in divorce cases by couples who were waiting for the legal reform, they at the same time predict that it could also increase rates of marriage, as a no-fault divorce is an easier way out of the marriage.
