'No fault' divorce rules set to end the 'blame game'

The introduction of ‘no fault’ divorce in April 2022 is perhaps the biggest shake-up in divorce law for decades. The aim is end the “blame game” and reduce acrimony and hostility which can be made worse under the old regime.

Now, instead of alleging ‘unreasonable behaviour’ or ‘adultery’ as facts for the divorce, a couple can simply cite ‘irretrievable breakdown’ as the sole ground for wanting to obtain a divorce. It can be done jointly or by just one spouse, and the changes also mean that a divorce can no longer be defended.

The process is also being simplified, meaning long court delays and higher legal costs can be avoided. The expected timeframe from start to finish is 26 weeks, allowing for a ‘cooling off’ period once the Application has been issued by the court. That is the time when most couples look at finalising a financial settlement and/or agreeing arrangements for the children. 

Whilst the divorce process is being changed, the procedure for a financial settlement remains the same and it is vital to have a legal court order in place confirming the financial split, even if you have a ‘clean break’ agreement. It is also important to take advice about pension and income rights before your divorce is finalised to understand the options and the risks. Having a Consent Order documenting the settlement, will ensure that your ex can’t come back for a second bite of the cherry years down the line, which does happen!

Talk to our team of specialist family law solicitors to understand how best to take advantage of the new rules concerning 'no fault' divorce to secure the right settlement for you and your circumstances.