Background
Before April 2022, couples could only divorce if they proved that the marriage had broken down. This required one of 5 reasons: adultery, unreasonable behaviour, desertion, 2 years of separation with consent or 5 years of separation without consent. The Divorce, Dissolution and Separation Act 2022 removed this fault‑based structure and introduced a simpler, non‑adversarial process.
The reform followed years of campaigning and was accelerated by the Supreme Court decision in Owens v Owens [2018] UKSC 41. The case highlighted the limitations of the old system, particularly when one spouse wished to leave, but the other contested the allegations.
On 6 April 2022, the no‑fault divorce came into effect. It also applied to civil partnership dissolution, removing the need to rely on one of the previous 5 fault‑based reasons.
Key Reforms
Updated terminology
Legal terminology was modernised. For example, the Decree Absolute became the Final Order.
Mandatory 26‑week period
There is now a minimum period of 26 weeks between filing for divorce and obtaining the Final Order. This aims to prevent divorce from appearing too quick and to provide a cooling‑off period for reflection.
Statement of irretrievable breakdown
Parties no longer need to prove fault. A simple statement that the marriage has broken down irretrievably is sufficient. This statement cannot be contested.
End of contested divorces
Under the previous law, one spouse could challenge the allegations made by the other. This is no longer possible. The reform is particularly significant for domestic abuse victims, who can now leave a marriage without the abusive partner blocking or contesting the process.
Advantages of No‑Fault Divorce
The most widely recognised benefit is the removal of the blame element. Baroness Hale, former President of the Supreme Court, supported the reform, noting that it reduces conflict and emotional strain. Without the need to prove fault, couples can separate with less hostility and fewer lengthy legal battles.
The reform also reduces stress for children. Removing the focus on blame allows parents to negotiate childcare arrangements more constructively.
A crucial advantage is the protection it offers to victims of domestic abuse. Previously, abusers could contest the divorce and prolong control. Under the new system, victims can leave without making detailed allegations, reducing risk and emotional harm.
Elaine Parker, a domestic abuse survivor and founder of Safer Date, described the change as essential. She explained that reporting abuse can have serious repercussions and that the previous law allowed abusers to trap victims by contesting allegations. She welcomed the recognition that the old law was outdated.
Disadvantages of No‑Fault Divorce
Some critics argue that the reform makes divorce too easy and may discourage couples from working through difficulties. Others believe it reduces the seriousness of marriage and could lead to more family breakdowns.
Another concern is that one party may feel justice has not been served. For example, if adultery occurred, the no‑fault system does not allow the other spouse to hold the partner formally accountable.
No‑Fault Divorce in 2022
The no‑fault divorce system now provides a less stressful and less accusatory process for couples whose relationship has broken down irretrievably. It is expected to ease pressure on law firms and help reduce case backlogs. It also allows couples to focus on essential matters such as finances, property, assets and childcare, rather than fault‑based disputes.
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