When a relationship comes to an end, divorce is often the next step, allowing both parties to move on for the future.
The Office for National Statistics reports that in 2023, there were 102,678 divorces in England and Wales, a figure that remained consistent with pre-pandemic levels.
In recent years, divorce law has been brought up-to-date, reflecting the fact that many marriages end without conflict.
The Divorce, Dissolution and Separation Act 2020 introduced the “no-fault divorce”, allowing married couples to end their marriage without confrontation, blame or dispute, making for a less stressful and more straightforward process.
What are grounds for divorce?
In England and Wales, there is only one ground for divorce: the irretrievable breakdown of marriage.
However, prior to the Divorce, Dissolution and Separation Act 2020 coming into force in 2022, divorcing spouses needed to go into more detail in their divorce petition in order to evidence the irretrievable breakdown of their marriage.
What are reasons for divorce?
Previously, divorcing couples needed to show that their marriage had irretrievably broken down due to one of 5 reasons:
- Adultery as a result of the infidelity of one partner with another person
- Unreasonable behaviour, such as domestic abuse, substance addiction, irresponsibility or lack of emotional support
- Desertion, where one spouse leaves the other without consent or valid reason for at least two years
- Two years of separation with consent, where spouses have lived apart during the period
- Five years of separation without consent, where spouses have lived apart during the period but one spouse did not consent to the divorce
How does the no-fault divorce work?
It was often felt that the “blame”-based system created conflict and further stress at what is already a difficult time, without allowing for the fact that, in many cases, couples had grown apart and wished to end their marriage quickly and peacefully.
The no-fault divorce allows spouses who have been married for at least 12 months to state that the marriage has irretrievably broken down without allocating any blame or other reasons, making divorce simpler and more amicable.
Spouses will still need to negotiate other matters such as arrangements relating to children, finances and property, but there’s now no need to include lengthy explanations or to attribute blame or responsibility for the ending of the marriage.
Has the divorce process changed?
A “Statement of Irretrievable Breakdown” is completed by either of the spouses or jointly, before the application is then filed.
There then follows a minimum 20-week reflection period, during which the spouses may also negotiate matters such as financial and child arrangements, and after which the spouses confirm whether they still wish to proceed.
The court makes a conditional order at this stage, which was previously called a “decree nisi”. The parties must then wait a further 6 weeks before a final order, previously the “decree absolute”, is issued to end the marriage.
This article has been prepared by Adroit Legal Services and is not intended to constitute legal advice.
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