How the New No-Fault Divorce Law Will Eliminate Stigmas Associated with Marriage Dissolutions by Lisa
Separations can be heart-wrenching, often resulting from a series of accumulated misunderstandings and disagreements. The ultimate separation, divorce, however, requires one party to be blamed. Despite being one of the most stressful life events, divorce still carries a stigma. In 2020, over 103,000 divorces were recorded in England and Wales, yet the sense of failure and guilt associated with a marriage breakdown remains. Currently, the fastest way to get a divorce in England and Wales involves assigning blame. The divorce law, dating back to 1969, requires proof of adultery, unreasonable behaviour, or desertion. If these are not applicable, a divorce can be applied for after two years of separation, but it still requires the consent of the ex-partner. The only way to divorce without consent is to live separately for five years. This lengthy period can hinder the ability to move on. Scotland, however, has been more progressive, granting no-fault divorces after a year of separation since 2006.
The blame-based approach to divorce is regressive, and the government has recognised this. New “no-fault divorce” rules will be implemented in early April 2022. These rules allow for a divorce to be filed regardless of the partner’s consent, potentially finalising the process within six months. Most of the process can be completed via email, although financial divisions will still need to be handled traditionally. This does not mean that solicitors will be replaced by automated legal bots anytime soon.
The goal of these changes is to enable couples to separate without resorting to accusations and blame. This allows them to focus on ending the relationship as amicably as possible. “The breakdown of a marriage is usually accompanied by complex emotions such as sadness, anger, resentment, rejection, grief, fear, and anxiety about the future,” says Graham Coy, Partner at Wilsons Solicitors LLP. “By the time couples consult a solicitor, they have usually decided that divorce is inevitable. The last thing they want is to revisit a painful past.” The journey to no-fault divorce has been over a century in the making. As early as 1900, The Law Commission noted that the divorce law in England and Wales “provoked unnecessary hostility and bitterness, did nothing to save a marriage and made things worse for any children involved.” Coy adds, “The best approach is to end the marriage as quickly and painlessly as possible. Creating obstacles only leads to more pain and distress and serves no useful purpose.”