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Practical Pitfalls with England’s New Divorce Law

The Divorce, Dissolution and Separation Act introduced the concept of no-fault divorce into England and Wales from April 2022.

Divorcing couples are no longer required to cite a specific reason for the irretrievable breakdown of the marriage.

In this article, we will highlight some practical pitfalls with the new divorce law, so called no-fault divorce.

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    Frequently Asked Questions

    Why Is Englands Divorce Law Changing?

    Legal professionals and organisations have been campaigning for a no-fault divorce for many years.

    It is believed that removing the need to apportion blame or fault will reduce the animosity and emotions that often come with divorce. This, therefore, should allow parties to focus on the central issues such as finances and children.

    When Can I Get a No Fault Divorce?

    You can apply for a no-fault divorce from 6 April 2022 provided there are no further delays.

    However, in the meantime you can still apply for a divorce under the current process. This will be the quickest solution if parties are in an agreement to the divorce.

    Can a No Fault Divorce be Contested?

    One of the key changes to the divorce law will mean that couples cannot contest a divorce, which means that a divorce will be granted by a Judge on the basis of the irretrievable breakdown of the marriage.

    Will No-Fault Divorce Affect Financial Settlements?

    Many divorcing couples believe that if one spouse is proved to be at fault for the irretrievable breakdown of marriage it will result in a better financial settlement for the “wronged” spouse.

    But for the most part, the actions of either spouse generally have no bearing upon the terms of a financial settlement. Even where negotiations over finances ended up in court, the judge would rarely place any weight upon the fault of either party for causing the divorce.

    Will No-fault Divorce Affect Financial Settlements?

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