Family Law Misconceptions: Does ‘Grounds for Divorce’ still matter?

Following the implementation of the Divorce, Dissolution and Separation Act 2020 on 6th April 2022, the UK introduced the concept of ‘no-fault’ divorce, which significantly altered the legal separation process in England and Wales.

Following the introduction of ‘no-fault’ divorce, the previous concept of ‘grounds for divorce’ – which required individuals wishing to divorce to attribute ‘blame’ and provide evidence of a sufficient reason why they cannot remain together – has been eliminated from the legal framework.

‘No-fault divorce’: what’s changed?

Before the new legislation was put in place, individuals seeking a divorce had to establish one of five facts to demonstrate the irretrievable breakdown of the marriage:

• Adultery
• Unreasonable behaviour
• Desertion
• Two years of separation with consent; or,
• Five years of separation without consent

Since the introduction of ‘no-fault divorce’, a suitable ‘fact’ is no longer required, and instead, a simple statement declaring the marriage has irretrievably broken down is sufficient – without the need to assign blame or provide specific reasons for why the marriage should not continue.

Getting a divorce in the UK: how the process works

Under the current law in England and Wales, the steps for obtaining a divorce are as follows:

Application: An individual (or couple in a joint capacity) submits a divorce application stating that the marriage has irretrievably broken down.

Reflection period: A mandatory minimum period of 20 weeks commences from the start of proceedings, allowing time for reflection and for couples to agree on practical arrangements such as those involving children, finances, and property.

Conditional order: After the reflection period, the applicant(s) can apply for a conditional order (formerly known as ‘decree nisi’), which effectively acts as a provisional decree of divorce.

Final order: Six weeks after the conditional order is granted, the applicant(s) can apply for a final order (formerly known as ‘decree absolute’), which legally ends the marriage and draws the process to a close. However, it is imperative that you do not apply for the final order until financial matters have been resolved and approved by the court. Doing so may result in you losing your entitlement to pension provision, increased stamp duty and other tax implications.

The above process takes a minimum of 26 weeks to complete in total, though it may take longer depending on individual circumstances.

The Government’s reforms aim to reduce conflict and stress during the divorce process by removing the need to assign fault to one party in the marriage, allowing couples to instead focus on the practicalities of separation and finding amicable resolutions.

How we can help

While the process for obtaining a divorce has been simplified, it’s important to note that the new law does not make any changes in relation to financial settlements or childcare arrangements.

With this in mind, those looking to initiate a divorce should seek expert legal advice to ensure their legal obligations are addressed and make the process as seamless as possible for all parties involved.

If you’re looking for specialist support, don’t hesitate to contact us on 03333 058375 or email family@psg-law.co.uk to speak to our experienced Family Law team. We’re here to help you.