No-Fault Divorce

No-fault divorce came into effect in England and Wales on 6 April 2022. As of this date, persons petitioning for divorce or civil partnership dissolution will no longer need to prove necessary grounds. This reform stops the need for couples who are separating to allocate blame for the breakdown of their marriage, helping them to instead focus on important decisions such as those involving children or their finances and look to the future.

The reform under The Divorce, Dissolution and Separation Act 2020 will be the biggest change in divorce law in over five decades.

Under previous law, reasonable ground needed to be established for divorce and civil partnership dissolution. This was regardless of whether both parties agreed to separate.

This fault could be established with the court by using one of three reasons for divorce:

  • Adultery –If you could prove adultery, you needed to say you found it intolerable to live together.
  • Unreasonable Behaviour –In this case, the court had to agree the behaviour made it unreasonable to expect you to continue living together. Courts required specific examples of such behaviour.
  • Desertion –This could make for particularly complicated legal proceedings. While there’s no statutory delay to the process itself, you couldn’t start until two years after the desertion.

Under the new law irretrievable breakdown will continue to remain as the sole basis for divorce, but now without the need to provide a reason such as unreasonable behaviour or adultery.

The reform enables couples and their lawyers to centre their efforts on ‘uncoupling’, instead of allocating blame; creating a positive change in family law on a mutual decision and, when children are involved with the process.

For an initial consultation and to find out about our dedicated team, or to find out more about Spire Solicitors LLP, please contact us on 01603 677 077 or by email at info@spiresolicitors.co.uk


Family Law Testimonials

Mr Gosal was incredibly professional and approachable from our first meeting until the very end. He took a great deal of interest in my case and provided the very best advice and representation I could have asked for. I am extremely happy with how Spire Solicitors dealt with my case. I had previously dealt with other solicitors from other firms and I was left disappointed. From the very first meeting with Mr Gosal I felt reassured and confident I was being looked after to a very high standard. Dealing with law matters can be incredibly daunting and very stressful. Spire Solicitors professionalism and approach made it manageable while they provided me with expert advice and lead me through the process.
C Cope

I would like to say a big thank you to Sarb Gosal for his professionalism, advice, persistence and patience in dealing with my divorce matter. I would certainly recommend his services.
Family Law Client

Amanda Maruca and Adrienne Hendry were excellent. Everything was clearly explained to me in regard to my divorce and they helped to take the stress away from a difficult situation. I can't thank them enough for their support.
Family Law Client