What Is No-Fault Divorce & When Is It Coming To The UK?


9 April 2021

By Farhad Islam

Under the current divorce law, the only way to get a divorce without a statutory delay is if one spouse not only initiates proceedings but alleges fault on behalf of the other. A no-fault divorce is a divorce procedure that does not apportion blame to either party.

In June 2020 Parliament passed the Divorce, dissolution and separation Act 2020 which is now an act of Parliament. It is expected that the new procedures and rules will come into force sometime in the second half of 2021.

Common Questions About No-Fault Divorce

Is it worth waiting for the law to change before filing for divorce? 

The official start date for no-fault divorce is not carved in stone yet. It is planned to be place around October 2021. So if a relationship has come to an end and the situation is becoming untenable, it might not be worth waiting for what could be a great number of months.

When will no-fault divorce become law in the UK? 

The Divorce and Dissolution Act in 2020 (No-Fault Divorce) is likely to come into effect sometime during the Autumn of 2021. The Court Service needs to create the regulations and systems needed to put the Act into effect. This law only applies to England and Wales.

What is the main benefit of no-fault divorce? 

With a no-fault divorce, neither party need to make any allegations about the other person for adultery, unreasonable behaviour or desertion. It is hoped this new system will reduce acrimony and allow the parties to separate and deal with their finances and children in a more constructive manner.

If you are considering divorce or separation our Family Team will be pleased to offer you a FREE 30 minute consultation to help you consider your options. Email family@gepp.co.uk  

This is not legal advice; it is intended to provide information of general interest about current legal issues.