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What is ‘No Fault’ Divorce?

Mann and Co > Family  > What is ‘No Fault’ Divorce?

What is ‘No Fault’ Divorce?

Solicitor stamping document with man and lady sat opposite

Many professionals think that the divorce law is currently out of date, and The Law Society are taking this into consideration by plans to reform the divorce process, and remove the concept of fault. 

Read below for more information on ‘No-Fault’ Divorce. 

Current Divorce Procedures 

Currently, the divorce system in England and Wales requires one spouse to initiate the process of filing for divorce, which requires them to make an accusation about the other spouses conduct. 

You can currently choose from three reasons: 

  • Adultery 
  • Unreasonable Behaviour 
  • Dissertation 

It also requires evidence of guilt to be presented, and if the individual is unable to do this, the couple face two years of a ‘separation’ period before the marriage is legally dissolved. 

What is ‘No Fault’ Divorce 

The new law will mean that instead of attributing blame for the breakdown of relationship, a couple can mutually cite ‘irretrievable breakdown’ for wanting a divorce. It will also mean that evidence of bad behaviour will no longer be needed, which will effectively remove the blame game of previous divorce laws. 

The aim of this is to stop couples from fighting over blame during a break-up. 

This will also apply to civil partnerships. 

What are the benefits of the No Fault Divorce change? 

One benefit of this will mean that it won’t cause further bad feelings between couples, which families often have to deal with. 

It also has positives for every member of the family involved, as conflict between parents during divorce can be very damaging to children. 


If you are contemplating a separation and need specialist legal help, contact one of our solicitors now.