On 6 April 2022, the Divorce, Dissolution and Separation Act 2020 came into effect in England and Wales which made significant changes to the laws surrounding divorce. 

The new change in legislation introduced the no fault divorce process for both marriages and civil partnerships. As the headline suggests, it is now possible for a person to divorce their spouse without the need to rely on one of five facts to prove that the marriage has broken down irretrievably.  

Previously, three of the five facts required the applicant to apportion blame on their spouse and the remaining two facts involved a period of separation. Frequently this only caused to heighten tension and acrimony rather than allowing the parties to resolve other family matters by agreement. 

Under the new legislation, the applicant spouse or both spouses (as a joint application) can obtain a divorce with just a statement to confirm that their marriage has broken down irretrievably. In addition, divorces can no longer be defended, only in relation to technical points such as jurisdiction. The process as a whole allows people to move towards a divorce together in an open, transparent and mature way. 

Although the divorce process has become smoother and more efficient, it has extended the length of time to obtain a divorce. A 20 week cooling off period was introduced before a conditional order (previously decree nisi) can be applied for. The cooling off period gives the parties an opportunity to reconciliate or, in cases where divorce is inevitable, allows the parties to plan and agree practical arrangements for the future. Following the conditional order being granted, there is still a wait period of 6 weeks before the making of a final order (previously decree absolute).  

By removing the “blame game” element of the divorce, it reduces the opportunity for acrimony between the parties and allows them to focus on resolving any issues with child arrangements and financial matters.