No-Fault Divorce: end of the blame game?

This article was published before the introduction of the Divorce, Dissolution and Separation Act 2020. You no longer need to prove that the marriage has irretrievably broken down due to unreasonable behaviour, adultery, desertion, two years’ separation with consent or five years’ separation. For more information, contact our Divorce and Family Law team on 01273 604 123.

As the law currently stands, in order to divorce, a couple must demonstrate that one of the party is to blame, through factors such as adultery or desertion. In 2012, adultery or unreasonable behaviour was cited in 72,000 divorce cases.

New government plans will see the need for blame to be removed, so that estranged couples will no longer have to prove fault in order to divorce. The Law Society President Christina Blacklaws has welcomed these changes, stating that the new plans are “long overdue and will bring divorce law into the 21st century”.

Many organisations such as The Law Society and Resolution have stated that the current rules can exacerbate tensions and that the new legislation will help families to turn away from blame and focus upon the positive steps moving forward, which is especially important where children are involved.

Clearly the new proposals will reduce friction between divorcing parties, which will benefit every member of the family, especially children. The most difficult part of divorce, however, is often the financial and practical arrangements. Issues such as how assets like the family home and pensions are split and who the children will live with are complex. Our experienced family team are here to help.

We understand that clients going through divorce are frequently feeling very low, worried, and might be nervous about seeing a solicitor. We will listen to you and deal with your situation sensitively and confidentially.

If you are concerned about divorce, get in touch with our family team today on 01273 604123.