No-fault divorce is a recent development in the UK, designed to make divorce proceedings quicker, cheaper and less acrimonious. Previously, in order to obtain a divorce in the UK, one had to prove that the marriage had broken down irretrievably and provide evidence of this in the form of adultery, unreasonable behaviour or desertion. This often resulted in parties pointing fingers and blaming each other, which could make the process difficult and emotionally fraught.
Under the new legislation, which came into effect in 2020, parties can simply state that the marriage has irretrievably broken down without having to prove fault. This means that couples can obtain a divorce more easily and with less animosity, which is especially important when children are involved.
The new law also provides for a minimum timeframe of six months between the start of proceedings and the divorce being finalised. This is intended to allow couples time to reflect and potentially reconcile, as well as to ensure that both parties have considered the practical implications of ending the marriage.
While some have raised concerns that no-fault divorce may make it easier for people to give up on their marriages too easily, proponents argue that it will help reduce conflict and allow parties to move on with their lives in a more amicable way. Overall, no-fault divorce represents a significant change in divorce law in the UK, and it remains to be seen how it will be implemented in practice.
