Easier, faster, or just different? No-fault divorce three years on

Three years on from the introduction of no-fault divorce, our Directors share their experiences of how it has changed the way people divorce today - or not.

On 6th April 2022, the Divorce, Dissolution and Separation Act 2020 came into effect in England and Wales. The Act removed the need to assign blame in a divorce, replacing the various conditions with a single statement that the marriage has suffered an “irretrievable breakdown”.

For LGFL Director Rita Gupta, that day was full of national TV and media appearances discussing this landmark change, including a live (and lively) debate with Nicky Campbell on BBC Radio 5 Live

LGFL Directors Rita Gupta and Anne Leiper look at what the Act changed, and how we view those changes three years on.

- A single statement that the marriage has irretrievably broken down

As divorce lawyers, we very much welcomed the new Act and the removal of one of the most destructive elements of old-style divorce, the ‘blame game’. We saw how the need to allocate blame created acrimony and emotional upheaval when often it simply wasn’t necessary, and had very little impact on the end results in respect of both children and finances.

The single statement of irretrievable breakdown took much of the emotional heat out of many divorces, both straightforward and acrimonious. It seemed to also ease the pressure on children involved in divorce, with neither party required to prove just how terribly the other party has behaved, or the need to allocate blame to just one parent. It cemented the changing view of society in respect of divorce that sometimes, things just don’t work out.

However, looking at the human side of family law, it also removed the opportunity for some heartbroken parties to tell their story. This was a blow for many, who continue to fail to comprehend why their partner who has behaved badly in the marriage then walks away with seemingly little or no ramifications.

For others, they lost their ability to air all their grievances and frustrations, often achieved by contesting the divorce, but causing delay and frustrating the process.

Perhaps for some that has shifted to courtroom arguments over financial settlements. As part of the divorce, couples would normally come to a mutually acceptable financial settlement which can be confirmed as an order by the court. If they cannot agree, financial remedy proceedings may be needed.

As the .gov website states:

“If you and your ex-partner cannot agree how to divide your finances you can ask a court to make a financial order (also known as the ‘contested’ route or an ‘ancillary relief order’). This means the court will decide how assets will be split. Getting the court to decide usually takes longer and is more expensive than if you and your ex-partner agree.”

RITA says:

It’s important to note that court proceedings for a financial settlement are not a chance to ‘get my side of the story’ aired. Indeed, if parties conduct any sort of ‘slanging match’, the court are unlikely entertain this, as they increasingly seek to focus on the issues and children within the marriage. If a party seeks to obstruct the process, the court can impose cost sanctions if they are pushing arguments that are irrelevant or without substance.

ANNE says:

You can and should go to court if required to get a fair and reasonable financial settlement, but that should be the primary reason. A court will still consider if an equal division of assets is the best solution and will take into consideration financial circumstances and requirements only, not hurt feelings of grievances. Conduct is generally not considered as a determining factor within financial remedy proceedings.

- A new timetable for divorce including a minimum 20-week ‘period of reflection’

One of the changes the Act brought in was that no fault divorce takes a minimum of 26 weeks (6 months) from application to conclusion as follows:

1. Take legal advice (optional)
2. Apply for a divorce
3. Application received by court
4. 20-week ‘cooling off’ period
5. Issue of conditional order
6. Minimum of a further 6 weeks
7. Apply to the court for a final order
8. Issue of final order approx. 9-12 months after initial application

RITA says:

Many clients have seen their divorce process take longer than 26 weeks as the family courts are still dealing with a substantial backlog after the pandemic. In our experience, the situation is improving year on year, but delays are common, and timescales cannot be relied on. We suggest that you allow at least 12 months for all legal aspects of your divorce and your financial settlement agreement to be completed.

ANNE says:

The divorce process is separate to your financial agreement process. You usually need to have your divorce conditional order in your hands before you apply for a financial order.

If you cannot agree on a financial settlement and need to go to court to get a court order, this will add more time to the process of separating, as you will need to wait for a court date. You may also need a final hearing too. At the time of writing, that could involve a further wait in between court appointments. One alternative is to arrange for a Private FDR hearing.

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