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No-fault divorce: the change that was needed

08.07.22

October 2017 saw Kate Hopkins valiantly climb the stairs to the Conservative Party Conference in a bright white wedding dress, complete with a full trail, where herself and Vardags’ Founder and President, Ayesha Vardag, fought for no-fault divorce. A month later, in November 2017, under the watchful gaze of the gargoyles of Westminster Hall, Suella Fernandes MP hailed: “it is time for no-fault divorce”. 

That time arrived only recently, in April 2022, following 50 years without any major changes to the law surrounding divorce. Long-awaited though it was, this legal update came as a hugely important one, aiming to remove what was widely coined as the ‘blame game’ behind divorce. The process prior to no-fault divorce required couples to show that their marriage had broken down by relying on one of five ‘facts’ - adultery, unreasonable behaviour, separation (with consent after two years, without after five) and desertion – thereon triggering an onslaught of accusations between separating spouses. And, as a result of this archaic legal requirement, many divorce proceedings were provoked into becoming needlessly acrimonious, right from the onset.  

Already an emotionally intensive experience, divorce is difficult enough without the law creating battlegrounds out of courtrooms. Financial and children related proceedings form a critical point for separating spouses, who must prepare to build new lives independent of one another. For these proceedings to unfold in an environment of animosity and conflict can entail hugely unproductive, timely, and therefore costly, litigation. What is more: ex-spouses with children face could face a particularly arduous future of co-parenting following such bitter litigation, and to the resulting detriment of the children themselves.

So, what has changed? Under the new law there is no need to show why the marriage has irretrievably broken down: just that it has. As such, there no longer exists the need to conjure an incriminating (and often hurtful) evidential basis for why a divorce is necessitated.  

Parties can now make a joint application to this effect too – previously only being via sole application – and so filing for divorce can now, expressly, be something which is on both parties’ terms. The timeframe for the overall process has also been altered, now with a 20-week period following application, which is hoped will encourage a period for reflection for both individuals. Divorce, after all, is a life-changing event, and it is the responsibility of the law to ensure that this process is as considered, and amicable, as it possibly can be. 

Even where matters are applicable, however, it is still vital to seek legal representation to ensure that you get the best outcome for your case possible.  Where you and your partner share significant assets, financial proceedings can become complex, and often require specialist support in terms of providing accurate valuations and assessing intricate trust structures.

Vardags is a top divorce and family law firm specialising in high net worth and complex cases. Headed by ‘Britain’s top divorce lawyer’, Ayesha Vardag, they deliver a world-class service with innovative and impactful solutions to ensure the best outcome for your case.

vardags.com

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