Since 6th April 2022, couples in England and Wales have been able to divorce under the no-fault divorce system. This was introduced under the Divorce, Dissolution and Separation Act 2020.
The reform removed the requirement to assign blame. The only ground for divorce now is that the marriage has irretrievably broken down. The parties are no longer required to rely on allegations against each other to obtain a divorce.
One of the key reasons behind the change is to make the divorce process less confrontational and to promote focus on arrangements for the future.
A Common Misconception
One common misconception now is that a spouse who has been unfaithful will receive a less favourable outcome in the financial remedy proceedings.
In reality, the fact that one party has had an affair will not usually affect how assets are divided or the arrangements made for any children. When determining financial settlements, the court’s focus is on achieving a fair outcome based on the factors set out under section 25 of the Matrimonial Causes Act 1973, including the parties’ needs, resources, and responsibilities.
While there are limited circumstances in which conduct may be considered by the court, these cases are rare. In the vast majority of cases, infidelity alone will not result in a more favourable financial settlement for the other spouse.
Previous System
Previously, couples had to provide evidence of adultery, unreasonable behaviour, desertion, two years’ separation (with consent) or five years’ separation (without consent).
This often increased conflict and made it more difficult for separating couples to maintain a constructive relationship following separation.
What Are the Benefits?
The removal of the need to make allegations against one another has meant couples are often better able to focus on important issues such as financial arrangements and the welfare of any children.
The new process can also make it easier to maintain a constructive relationship after separation, particularly where co-parenting is involved.
The process has been simplified, providing greater clarity and certainty.
Conclusion
No-fault divorce has simplified the process of ending a marriage and removed the need to place blame on either spouse. While every family’s circumstances are different, the changes have helped couples navigate separation in a more constructive and less adversarial way.
For assistance or advice, please contact clekrs@anvilchambers.co.uk