New No-Fault Change in Law Sparks Increase in Divorce Applications

The new no-fault divorce law came into effect on 6th April 2022 and as a result, there has been a noticeable increase in divorce applications. Here at RDC Solicitors, our family department has welcomed the change to the Divorce, Dissolution and Separation Act 2020 as it effectively removes the need for separating couples to apportion blame for the breakdown of their marriage. This allows them to apply for divorce by simply stating their marriage has broken down irretrievably, without one spouse having to make accusations about the other’s conduct, such as ‘unreasonable behaviour’ or adultery, or alternatively face years of separation before the courts would allow a divorce to be granted, regardless of whether they had mutually decided to separate.

The Latest Family Court Statistics

It's now been more than a year since these landmark changes were implemented. Prior to the ‘no-fault’ law being introduced changes, there were 77,449 divorce applications between April 2021 to December 2021. The latest data shows that in the nine months from when the new law came into effect, there were 89,123 divorce applications. 78% from sole applicants and 22% from joint applicants, including those for the dissolution of civil partnerships.

So, although the latest statistics show that although separating couples are making use of the new ‘no-fault’ divorce law, the Law Society of England and Wales has commented on the historical delays for those waiting to finalise their divorce from the previous regime. The average time for divorce proceedings to be completed under both the old and new regime has now increased to 38 weeks. It's clear, therefore, that the family courts need to be better resourced to reduce delays.

Negating the Need for Blame

This new law essentially negates the need to place blame, so a spouse, or a couple jointly, can now apply for divorce by simply stating their marriage has broken down irretrievably.  This effectively means that by removing the issue of blame from the divorce process, as well as the ability to contest, the emotional upset and costs associated with the legal process for divorcing couples will be significantly reduced. This is also beneficial for the children of separating couples as in theory, animosity associated with placing blame can be reduced, therefore making it easier to coparent following the divorce.

Applying for a No-Fault Divorce

Although the new divorce law has resulted in an increase in applications which can be done using the government portal, it’s still strongly advised that a solicitor is involved for advice at the very least. A qualified, experienced divorce solicitor can file the paperwork for you, as well as guide and support you through the process. Furthermore, they’ll work their hardest to get you the best possible outcome from your divorce. There are many advantages to getting legal help to ensure that divorce proceedings move forward as smoothly as possible. So, if you want to avoid divorce disasters, professional, legal guidance is key.

It's also worth noting that the application itself is only the beginning of the divorce process, and both financial arrangements and parenting arrangements, if there are children involved, will need to be agreed separately. Why not take advantage of our FREE initial consultation by calling us today on Bingley 01274 723858, Ilkley 01943 601173 or Bradford 01274 735511.