No fault divorce – Does it exist in England?

by Tuesday, March 12, 2013
No fault divorce

No fault divorce

Can I get a no fault divorce?

Unfortunately, if you live in England or Wales a no fault divorce will not be possible as the jurisdiction does not operate a no fault divorce system at present.

Unlike many other divorce jurisdictions around the world, England and Wales operates a fault based system, which means that there has to be a reason for the divorce to take place.

The only grounds for divorce with an element of no fault, is the ground of 2 years separation with consent.

However this ground does mean that your spouse has to agree in writing with your divorce petition. If they do not agree, then the divorce cannot proceed any further.

Family Law Act 1996

The Family law Act 1996, which was introduced by the Conservative government of John Major, provided for no fault divorce in England and Wales.

However, the incoming Labour government of Tony Blair, after consultation, decided not to implement the parts of the act relating to no fault divorce.

A campaign by the Daily Mail and other right wing media had a significant impact of the act not being implemented

The future for no fault divorce

As recent as October 2015, there was a motion put forward by an MP in the house of commons to have a no fault based divorce system in England and Wales, but the bill will no longer go ahead and has now ended.

The cuts to legal aid and reduction in budgets for the court service may mean that a government may reconsider the concept in order to alleviate the burden on the courts as many more people try and obtain a divorce without legal representation.

Divorce-Online can help you obtain your no fault divorce

Although a no fault divorce is not possible in England or Wales, we are experts in helping people obtain a low cost uncontested divorce, which is where both parties agree to the divorce or agree to not defend the proceedings.

Our DIY divorce package is more than suitable for people seeking a no contest or no fault divorce and costs just £59.00.

Contact us today on 01793 384 029 for more information on obtaining a no fault or uncontested divorce, or click to see our divorce services.
Mark Keenan

About Mark Keenan

Editor of the Divorce Online blog

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