Four years may not seem like a long time, yet the changes to no-fault divorce that came into effect in April 2022 fundamentally altered how the process works in England and Wales. In my experience advising clients through family law matters, I’ve found that many people are still oblivious to these changes.
Understanding what has changed, and crucially what hasn’t, can make a real difference to how you approach your divorce and what to expect.
The introduction of no-fault divorce represented one of the most substantial reforms to family law in recent decades. It removed the requirement to assign blame to either party and simplified the process of legally ending a marriage. However, this simplification applies only to the divorce itself. The financial and child-related matters that often cause the most stress and complexity remain entirely separate processes, each requiring careful attention and expert guidance.
How Divorce Used to Work
To appreciate the significance of the 2022 changes, it helps to understand the old system. Prior to April 2022, anyone seeking a divorce had to plead that their marriage had broken down irretrievably. You had to evidence this by relying on one or more of five “facts”. These were adultery, unreasonable behaviour, desertion, or a period of separation of either two years (with consent) or five years (with or without consent).
In practice, the old law often meant that one party, the “petitioner” (as they were known in those days) typically had to blame the other party, as the “respondent” in order to obtain a divorce sooner rather than later. The process often became adversarial from the outset. Even in situations where both parties agreed the marriage was over, the law required one person to allege wrongdoing by the other if they wanted to obtain a divorce without having to wait at least two years. Unless there was adultery, this meant presenting examples of unreasonable behaviour or alternatively waiting through either two or five years of separation simply to be able to reach a legal endpoint without attributing blame.
Many divorces proceeded smoothly despite this, but the system itself created unnecessary tension and sometimes prolonged conflict at a time when couples were already dealing with significant emotional upheaval. The legal mechanism incentivised blame and could make an already difficult process more contentious than necessary.
The New No-Fault Divorce System
The 2022 reforms removed this requirement entirely. Today, a divorce application includes a simple statement from the applicant (previously the petitioner) that the marriage has broken down irretrievably. That statement is taken as conclusive. There is no need for detail, no requirement to assign blame, and no opportunity to argue the point.
The ability to contest a divorce has also been dramatically reduced. A respondent can only contest on limited grounds, namely no jurisdiction, invalid marriage, or that the marriage has already legally ended. In the absence of these, the divorce will proceed.
The procedural stages have also become clearer and more straightforward. The process now generally involves submitting the divorce application, filing an acknowledgement of service, applying for a conditional order, and then applying for a final order of divorce. For many straightforward cases, this progresses without court attendance and without the formality and cost that sometimes accompanied the old system.
The law no longer requires one party to criticise or accuse the other to obtain a divorce. Both parties can, and many do, acknowledge that the marriage has simply come to an end without needing to establish fault or wrongdoing.
No-fault divorce has made the process for legally ending a marriage simpler and, in many cases, less confrontational. But it is only one part of a much bigger picture arising from marriage breakdown and getting the right advice at the outset with respect to the whole picture can make a significant difference to the shape of things to come.
What You Can’t Challenge in a No-Fault Divorce
The ability to contest a divorce has been severely restricted. A respondent can only contest a divorce on very limited grounds, namely:
- lack of jurisdiction (the court doesn't have power to hear the case), or
- that the marriage is invalid, or
- that the marriage has already legally ended.
Beyond these narrow grounds, a respondent can’t simply object because they don’t want the marriage to end.
Under the old law, although rare, it was at least theoretically possible for a respondent to dispute the grounds relied upon and delay the process. Those routes have now been closed, and if none of the three limited grounds for contesting apply, the divorce will proceed.
What Hasn't Changed
While obtaining the divorce itself has become more straightforward, the same cannot be said for resolving finances or managing child arrangements.
These matters remain entirely separate from the divorce process. A final order of divorce legally ends the marriage, but it does not deal with financial claims. Financial claims may continue even after divorce, until they are properly resolved by agreement or determined by the court. Similarly, child arrangements are dealt with through separate applications and orders, governed by their own legal framework and principles.
In many cases, it is actually the financial and child-related issues that require the most time, careful consideration, and expert input. Some divorces are finalised within months, whilst the financial settlement continues for considerably longer. The simplified divorce process can sometimes create a false impression that everything will be resolved quickly and simply. The reality is often more nuanced.
Get Expert Divorce Advice
An experienced family law solicitor can help you understand your position regarding finances, advise you on child arrangements, explain what to expect, and help you plan strategically. We can assist with reaching agreements out of court, which in our experience resolves most financial claims. Where court proceedings do become necessary, we stand ready to provide robust representation.
If you are considering divorce or have already begun the process, obtaining clear legal advice early on can help you understand your options, avoid unnecessary mistakes, and plan confidently for the future. For concerns about ending the marriage or about the financial and child-related issues that often matter most, we can help.
Contact Chambers Fletcher Solicitors today for expert advice on divorce and related matters. Whatever your circumstances, we’re here to help.
