No fault divorce – Does it exist in England?
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.
There is now more consensus than ever to go forward with a no-fault divorce system in England and Wales.
A poll that was carried out by YouGov for Resolution showed that 69% of the public agreed with a no-fault divorce system.
Results from the poll also showed that 27% of divorcing couples who asserted blame in their divorce petition admitted the allegation of fault wasn’t true but was the easiest option.
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.