In April 2022, UK divorce law will undergo its most significant reforms in nearly 50 years with the introduction of the no-fault divorce law. The Divorce, Dissolution and Separation Act 2020 is the biggest shake-up in UK divorce law since 1973. Supporters of the new bill believe that no-fault divorces will reduce conflict during separations.
Under current divorce law, one spouse has to prove the irretrievable breakdown of the relationship using one of five “facts”. These facts include unreasonable behaviour and adultery. Critics of the current process believe using these facts makes couples play a blame game and stirs up unnecessary conflict. The no-fault divorce process aims to end the blame game and make divorces quicker, easier and less stressful and any other issues flowing from them easier to resolve amicably.
But while the new process is only just being introduced, advocates have long pursued its introduction. We’ve put together a complete history of the no-fault divorce bill to help you understand the new process and the significance of reforms. Our guide will cover current divorce laws and the incoming changes alongside the history of divorce in the UK and why the law is changing.
Current Divorce Law: A Brief Overview
Current UK divorce law states that couples who want to separate must stipulate one or more “facts” as proof. The Matrimonial Causes Act 1973 requires one of the following “facts” to prove the irretrievable breakdown of the marriage:
- Unreasonable behaviour
- Adultery
- Desertion for at least two years
- A minimum of two years separation with both parties’ consent
- A minimum of five years separation if one spouse disagrees.
At the moment, initiating a divorce can be an emotional, slow and painful process. This is due to the process having many steps before its completion. Current laws require one partner in the marriage to blame the other for the divorce using one of the above “facts”. Critics claim this is outdated and stirs up conflict between partners. This conflict can lengthen divorce proceedings and prevent the divorce for a period of time if there is no conclusive evidence of one of the “facts”.
Incoming Changes to the Divorce Process
From April 2022, couples can get a divorce without needing to blame each other. The new law that allows for no-fault divorces was initially announced by the UK Government in February 2019 and gained royal assent in June 2020. The Divorce, Dissolution and Separation bill is set to change the dynamics of marriage in the UK. The new divorce law has five key areas of change:
- It will end the need for either spouse to blame the other for the marriage breakdown.
- It will update divorce terminology — decree nisi will now be called conditional order, and decree absolute will be the final order.
- Couples wishing to divorce will be able to choose to make a joint application.
- A minimum period of 20 weeks between application and issuing the conditional order will be introduced to allow for reflection.
- The possibility of contesting a divorce will be eliminated.
It is hoped that these reforms will allow separating couples to divorce more amicably. While these changes should make divorcing easier, it doesn’t mean that the divorce process will necessarily be quick. The process will still take around six months as standard and longer if there are financial and practical arrangements to settle.
Want to know more about the incoming changes to divorce law? Read our complete guide to the no-fault divorce process.
The History of No-Fault Divorce: 16th to 21st Century
To understand the importance of no-fault divorce, it’s good to be aware of the history of divorce in the UK. We’ve put together a brief overview of the important dates and legal acts that have changed divorce and family law in the UK.
1533: The Origins of Divorce Proceedings
Almost every child that goes to school in England and Wales knows the origins of divorce in the UK. While Henry VIII may have been famous for wealth and power, it’s his six wives and a catchy rhyme that makes him memorable. In 1533, only the Pope could grant a divorce, so Henry battled for an annulment with the Catholic Church. Eventually, this led to the formation of the Church of England. But while Henry went on to divorce his fourth wife, divorce was not an option for anyone outside of the top reaches of society.
1670s: Divorce Enters English Law
It wasn’t for nearly another 150 years before divorce was officially introduced to English law. As you can imagine, it was not a particularly progressive law. Only men could apply for a divorce on the grounds of adultery or life-threatening behaviour. When the divorce proceedings were finished, the man kept any property, money and legitimate children. Plus, it required an Act of Parliament to get divorced, which was expensive, so only wealthy men could get a divorce.
1850s: Matrimonial Causes Act 1857
Divorce laws in the UK stayed much the same for the best part of the next 200 years. But in 1857, they changed significantly. The Matrimonial Causes Act 1857 was the first divorce law open for general application in court. The high court in London could only grant divorces, but now both men and women could apply. Men could apply on the grounds of adultery, and women could apply if there was an aggravating factor, such as rape. However, a divorce would only be granted if the petitioner proved the act happened.
1920s: Matrimonial Causes Act 1923
The effects of World War One and the Suffrage movement saw The Matrimonial Causes Act 1923 introduced. The effects of the First World War meant that husbands returning from the war were not the same as when they had left. Alongside that, the possibility of men not returning led to cases of infidelity and illegitimate children. These factors caused divorce rates to rise. The amendment to divorce law allowed both men and women to petition for divorce on the grounds of adultery.
1930s: Matrimonial Causes Act 1937
In 1937, the Matrimonial Causes Act saw further amendments to the 1857 law. Up until 1937, people could divorce on the ground of adultery and cruelty, rape, bestiality or incest. The amendments in the 1930s added cruelty, incurable insanity and desertion to the list of valid reasons for divorce.
1960s: Divorce Reform Act 1969
The Divorce Reform Act 1969 was the first introduction of a form of no-fault divorces. The 1960s saw a sharp increase in divorces, and there were over 50,000 divorces in 1969. The Divorce Reform Act was a significant change in the divorce process as neither party had to blame the other. To get divorced, the couple simply needed to prove the irretrievable breakdown of the relationship. The result of this meant that the divorce rate rapidly increased.
1970s: Matrimonial Causes Act 1973
The sharp increase in divorce rates following the Reform Act in 1969 made it clear that new legislation was needed. The Matrimonial Causes Act 1973 is the basis of modern divorce laws and introduced the five facts previously mentioned. This was a move away from the no-fault divorce process from the Reform Act. The law also stated that a couple must be married for three years before applying for a divorce. This was amended to one year in 1984.
1990s: Family Law Act 1996
In 1996, lawmakers attempted to modernise the divorce process and move towards a no-fault divorce system. The attempts to move away from a fault-based system were unsuccessful. The new system required the divorcing couple to attend a compulsory information meeting. These meetings were deemed unworkable, and the divorce part of the Family Law Act was left out.
Why Divorce Law is Changing
Despite the no-fault divorce system being deemed unworkable in 1996, many people still supported the idea. For most divorcing couples, the fault-based system wasn’t perfect, but it worked. Although it required one party to blame the other and prove their relationship was irretrievably broken, it was unlikely that the courts would investigate any claims of fault or that it would impact on any financial or children issues save in extraordinary circumstances.
While this may have been a workable system, critics stated that it forced couples to apportion blame rather than focus on cooperation. Alongside that, a 2017 report showed that just 65% of petitioners believed that the facts used for divorce matched their actual reasons for divorce. Tellingly, only 29% of the respondents (the person receiving the blame) felt the real reason matched the facts.
Issues arose when respondents disagreed with the facts used for divorce and could defend the petition. A respondent defending the petition often meant that divorce proceedings could drag on and be very expensive. In some cases, it meant that the court would refuse the divorce.
A Key Case for Reform: Owens v Owens
In 2018, the problems of the current divorce system became national news with the case of Owens v Owens. When Tina Owens petitioned to divorce her husband, he protested the divorce, and the courts took his side. The judge stated that Tina Owen’s reasons for the divorce were “exaggerated” and “flimsy”. Tina Owens appealed the decision to the Supreme Court, but the appeal was rejected due to the law at the time. This decision meant that Tina Owens was forced to stay in an unhappy marriage until she could apply for divorce on separation grounds after five years in 2020.
The case made headlines in major news publications and Supreme Court judges vocally disapproved of the decision — particularly Baroness Hale. Hale stated it was “a very troubling case”. The Owens v Owens was a key case for reform, and critics continued to question the fault-based system.
Following the case, a Private Member’s Bill was introduced to the House of Lords by Baroness Butler-Sloss to reconsider divorce laws. Despite the support for reforms, the Bill was unsuccessful. But in September 2018, the government introduced a consultation to consider abolishing the fault-based, five facts system. The following year, the government published the consultation responses and announced that it would change the law.
Despite critics of no-fault divorces claiming that making divorce easier made it more like a contractual agreement, the changes to the law went ahead. The new no-fault divorce system will become law on the 6th of April 2022.
Looking to Start Divorce Proceedings?
If you are considering a separation, it’s likely you’ll be applying for a divorce under the new laws. If you’d like to know more about no-fault divorces and how they work, KMJ Solicitors can help.
Our team of family lawyers are always on hand to help in any way we can. We’re experts in all areas of family law and can advise on a wide range of legal issues. KMJ Solicitors is regulated by the Solicitors Regulation Authority and have built our reputation on our reliability and expertise.
If you’d like to discuss your situation with a legal professional, get in touch with KMJ Solicitors today. Contact our divorce lawyers in London using our online contact form or give us a call on 020 3709 6895.
