In 2021, divorce applications hit a record low. With 107,724 applications made in England & Wales, this is the lowest level we have seen since 2003 - the earliest year this data is available. The reason behind this drop in applications could be the introduction of no-fault divorce which came into effect on 6th April 2022.
Many couples may have been holding off from submitting an application to take advantage of the no-fault divorce process, which offers a more amicable way for couples to end their marriage. In this article, we look at no-fault divorce and why couples may have been waiting to get divorced under the new regime.
What is no-fault divorce?
The new divorce process allows couples to bring their marriage to an end without assigning blame to one party. Before the new laws came into force, couples would either need to be formally separated for a period of two or five years (depending on whether both parties gave consent). If there was no period of separation, parties would need to prove unreasonable behaviour or adultery to evidence that the marriage had broken down irretrievably.
The reasoning behind no-fault divorce is that assigning blame can make an already sensitive and challenging time more difficult. It can increase tension between the parties and makes the process more antagonistic than is necessary.
Why would couples wait for no-fault divorce?
When we look at why couples may have wished to wait for no-fault divorce, it is important to look at the case which played a role in bringing about the changes. The decision in Owens v Owens [2018] UKSC 41 received widespread attention and highlighted the need for no-fault divorce in the UK.
Mr and Mrs Owens were married in 1978, and Mrs Owens petitioned for divorce in May 2015. At the time of the petition, Mrs Owens had left their marital home and cited ‘unreasonable behaviour’ on the part of Mr Owens as the reason for the divorce petition. However, the court decided in favour of Mr Owens, outlining that it did not believe that Mr Owens’ conduct amounted to unreasonable behaviour and Mrs Owens’ divorce petition was dismissed. The case continued to the Supreme Court, where the court chose to uphold the decision. As a result, Mrs Owens had no choice but to remain married to Mr Owens for five years, despite no longer living together and the marriage irretrievably broken down.
Due to the media attention that the Owens case received, the government published a consultation paper Reducing family conflict: Reform of the Legal Requirements of Divorce. The result was the introduction of no-fault divorce, which would prevent one party from being trapped in a marriage that had broken down for up to five years.
So was it worth waiting? For many couples, the old divorce process could have gone ahead without too much difficulty. However, in cases where one party may have contested the divorce, or there was concern about how the divorce process might play out, no-fault divorce provides much more certainty.
The no-fault divorce process means that those who do not wish to ‘point fingers’ and blame the other party for the breakdown of the marriage have an alternative solution. The new system removes the requirement of blame entirely, and it is enough for one party to state that the marriage has irretrievably broken down.
As we can see from the Owens case, having the other party defend the divorce can lead to unfair and challenging circumstances. The ability for one party to determine that the marriage has broken down can allow those in difficult situations, including domestic abuse, to set themselves free from a broken marriage without the need to prove wrongdoing to the court, or gain the consent of the other party.
Is the no-fault divorce process quicker?
Whether no-fault divorce will lead to a quicker process very much depends on the circumstances. However, generally the process is not designed to be quicker, but simply to allow couples to move through the divorce process with less conflict.
On a practical level, this means that there is less tension and more cooperation when it comes to financial settlement or deciding child matters. This could make the process quicker and less expensive for those going through a divorce. It is anticipated that the cost of no-fault divorce will be similar to those cases of uncontested divorce under the old system and, although uncommon, incurring high costs through a contested divorce will be a thing of the past.
Contact our No-Fault Divorce and Family Law Solicitors in Central London
Our specialist family law team offers understanding advice that is tailored to your specific circumstances. We can help you to navigate through the new divorce process, striving to make the whole situation as stress-free as possible. We are dedicated to ensuring the best outcome for you and your family by providing expert representation and legal advice at every stage. Contact us today by calling 020 7387 2032 or complete our online enquiry form.
