As of 6th April 2022 it will no longer be necessary for couples to prove wrongdoing in their marriage to file for divorce.
The new legislation removes the requirement for a spouse to prove unreasonable behaviour, adultery or that desertion has taken place for divorce proceedings to begin. The only other way to obtain a divorce without the other spouse’s consent has been by living apart for five years.
Under the new legislation a spouse will simply have to claim that their marriage has irrevocably broken down. This also means that spouses will not be able to contest the divorce,. apart from on grounds such as coercion and fraud. The new legislation will also introduce a six-month minimum period that must pass between the divorce proceedings starting to the divorce being finalised.
The Law Society have commented that ‘No Fault Divorce will bring divorce law into the 21st century’. Its purpose is to reduce conflict and minimise the impact on any children caught up in proceedings. We eagerly await the new legislation coming into force.
Find out more
To find our more read our latest guide on everything you need to know about the new no fault divorce law and why it is the most impactful change to divorce law in 50 years.
If you are thinking about divorce or separation then please visit our dedicated family law page, or book a free initial conversation with one of our expert family lawyers. Whatever stage you’re at, we’ll be there to support you through it all.