Divorce is one of the most emotionally taxing experiences people go through. Not only is there a relationship breakdown to deal with, but also complex legal proceedings that can add to the strain.
Prior to April 2022, petitioners for divorce in the UK had to provide the court with a valid reason, commonly referred to as the “grounds for divorce.” These were the legal justifications for dissolving a marriage, and they played a crucial role in the process. However the system completely changed in April 2022 with the introduction of ‘no fault divorce’. Now, the sole ground for divorce is the irretrievable breakdown of the marriage and you cannot use any of the old blame-based grounds when filing.
This article will provide an overview of how divorce law works in the UK now, outlining the recent changes to the system that you should be aware of. There are many moving parts, so if you are considering a divorce, seeking expert legal guidance is invaluable. Merriman Solicitors offers professional and empathetic support from our expert family law solicitors, ensuring a smooth and fair divorce process.
What is a no fault divorce?
The Divorce, Dissolution and Separation Act (2020) transformed divorce law in the UK. This legislation came into effect in April 2022 and from then on, couples wishing to divorce no longer have to prove one of the five grounds, removing blame from the process and replacing it with the simple statement that the marriage has broken down irrevocably.
The legislation also introduced the following changes:
- Joint applications: A couple can make a joint application to divorce instead of a sole application. The ability to make a joint application streamlines the process but does require cooperation. It is a great option if you are both on the same page that divorce is the correct option for you and wish to proceed swiftly. If one applicant does not complete their side of the application within 14 days, the first applicant can switch to a sole application.
- No contesting: A respondent can no longer contest a divorce on the grounds of disagreement or fault. You can only contest a divorce now on very limited grounds such as the marriage never having been valid in the first place, the marriage already having legally ended, or the court not having jurisdiction to deal with the divorce.
- Reflection periods: The legislation introduced a mandatory 20 week reflection period between the initial application and the next step: the conditional order application.
The overall aim of the change in the law was to reduce conflict and make the process more straightforward for couples seeking separation.
What were the legal grounds for filing a divorce prior to 2022?
Prior to the changes in 2022, applicants for divorce would have to cite, and prove, one of the following grounds:
Adultery
A sexual relationship with someone of the opposite sex outside of marriage. To qualify, the extramarital relationship must have been:
- Between heterosexual partners
- Supported by reasonable belief or circumstantial evidence
- Very recent. If the applicant continued to live with their spouse for six months after discovering the affair they may lose the right to use it as grounds for divorce.
Unreasonable Behavior
This was a common reason cited for divorce before no-fault divorce came into effect. It could include:
- Domestic abuse
- Substance abuse
- Financial recklessness
- Lack of emotional or physical support
Desertion
This occurred when one spouse left the other without their agreement for a period of at least two years without reconciling for a period of six months or more during that time. It was a tricky thing to prove in court so was not used as commonly as Unreasonable Behaviour.
Separation for a Period of Time
This ground allowed couples to file for divorce based on prolonged separation, even without fault.
- Two-year separation (with consent): If both spouses agreed to the divorce, they could file after living separately for two years.
- Five-year separation (without consent): If one spouse refused to consent, the other could still file for divorce after five years apart.
This option was useful for couples seeking an amicable separation without assigning blame prior to no-fault divorces. Conclusion
Divorce in the UK has evolved significantly, with the introduction of no-fault divorce making the process more accessible and less contentious. In short, the only ground for divorce in the UK under the new system is irrevocable breakdown of marriage. While previous grounds like adultery and unreasonable behaviour played a critical role in the past, they are no longer relevant. The new system allows couples to separate without assigning blame, reducing stress and legal battles.
How Merriman Solicitors Can Help
Regardless of the circumstances, having an experienced solicitor by your side during divorce proceedings ensures a smoother, fairer outcome. Merriman Solicitors have been providing family law advice in Marlborough and the surrounding areas for 250 years. For comprehensive legal support from one of our experienced and friendly solicitors, get in contact with us today.
