It was three years ago that we saw the introduction of the no-fault-divorce regime in England and Wales.
Until April 6, 2022, navigating divorce often meant wading through a murky swamp of accusations and blame. To legally end a marriage, one party typically had to prove the other was at fault, citing reasons like adultery, unreasonable behaviour, or desertion.
This system, while seemingly rooted in holding individuals accountable, often exacerbated conflict, inflicted unnecessary emotional pain, and made the legal process a battleground rather than a resolution.
One of the primary reasons for introducing no-fault divorce was to reduce the acrimony. Forcing couples to assign blame inflamed already tense situations. It often led to fabricated accusations, drawn-out legal battles, and lasting resentment, particularly when children were involved.
The old system often failed to reflect the reality of marital breakdown. Sometimes, marriages simply drift apart. People grow in different directions, or the initial spark fades.
In these situations, forcing one party to shoulder the blame felt artificial and often led to individuals having to exaggerate or even lie about their spouse’s conduct to satisfy the legal requirements.
No-fault divorce acknowledges that incompatibility and a mutual desire to part ways are valid reasons for ending a marriage.
Furthermore, the fault-based system could be unfair and discriminatory. It could disproportionately affect individuals who were unwilling or unable to make accusations against their spouse, potentially trapping them in unhappy or even abusive situations.
No-fault divorce offers a more equitable pathway to separation for all parties involved. It recognises that focusing on blame often detracts from the real issues at hand – helping individuals move forward and rebuild their lives.
Georgia White (pictured), a member of KWW’s Family Law team, started her career just as the no-fault divorce law had come into play.
She said: “From my experience, removing the ‘reason’ that parties used to have to give for getting divorced has taken the stigma out of issuing and starting divorce proceedings.
“Couples can acknowledge the marriage has irretrievably broken down without having to publicly denigrate each other. This can foster a more cooperative environment for negotiating crucial aspects like finances and co-parenting arrangements.”
Georgia said she finds clients appear to be more at ease when they realise they do not have to explain to the Court or give any specific reasons as to why they are making the decision to divorce.
“Of course, this does not take the emotional side out of the whole process, and in acrimonious cases, anger and blame will always play a large part throughout the proceedings. However, it does seem to take the sting out of it at the start.”