No-fault divorce: understanding its impact on divorce in the UK

Two years ago, before the implementation of no-fault divorce, the traditional process for filing for divorce included one party providing a specific reason for ending the marriage. The main reason for divorce was unreasonable behaviour, with the second most common reason being adultery.

Courts needed three or four paragraphs explaining the alleged behaviour, which could include examples like ‘works too hard’ or ‘is no help domestically’. Sometimes, however, one party would submit hundreds of pages of reasons for the marriage breakdown.

Too often, the litany of apparent bad behaviour one spouse would list about the other would only increase the temperature in an already stressful situation, set back efforts to settle matters in a dignified and amicable manner, and breakdown the trust between parties.

The chances of a swift and informal resolution would be significantly decreased, and the costs and stress levels would undoubtedly increase. The length of time taken to reach a conclusion to the proceedings would also likely increase – negotiated settlements tend to be concluded within three to six months from commencement, whereas contested proceedings tend to cost at least twice as much and take between 9 and 12 months on average to end.

The impact of no-fault divorce

So, how effective is no-fault divorce comparatively in practice and have there been unforeseen issues since it came into effect?

No-fault divorce aims to remove the element of blame from the divorce process, letting one or both parties file for divorce because they believe the marriage is irretrievably beyond repair.

No-fault divorce has been incredibly effective in reducing the tension between divorcing parties. It has streamlined the process and made it far quicker and far less acrimonious, which allows the divorcing parties to focus on what really matters, be it arrangements for the children, or dividing family finances. This also includes being able to work together for the sake of the children through all life events which naturally follow, such as weddings, births, and graduations.

Despite this, it’s important to recognise where there are still issues and room for additional improvements.

Areas for improvement

In nearly all divorces, one of the parties feels that the other is ‘to blame’ for the breakdown of the marriage. The aforementioned behaviour petitions gave people a great chance to let off steam. This is the main reason why ‘joint divorces’, which were introduced at the same time as no-fault divorce, are not as popular as previously anticipated.

There remain ways to set out upset about blame, including not agreeing to a joint divorce and making a point of issuing the petition oneself. Additionally, the solicitor representing the person who wishes to ‘put blame’ on the person they are divorcing can write a letter early in the process which explains that they are issuing divorce proceedings and then sets out their client’s reasons. This usually amounts to the old particulars of behaviour in a different guise.

Generally, though, these letters are less hard hitting and have a smaller impact than seeing all ‘particulars of behaviour’ set out in the actual, issued divorce papers. It is important too that solicitors play their part in taking the heat out of the situation and encourage their client not to look to settle scores or attack their former spouses through protracted correspondence, which just ends up being the old ‘unreasonable behaviour’ approach through the back door and is the kind of approach that the new rules set out to eradicate.

Conclusion

It cannot be overstated how important no-fault divorces are to take out the blame game and to keep parties talking for the sake of their children, and to get the divorce and financial issues dealt with in a fast and civil manner. Solicitors, however, need to remain cognisant of the feelings of each party and the very common and natural need for blame. Counselling, therapy, and a letter setting out the real reasons for the divorce are the best ways to get ahead of these issues before the process breaks down. Overall, though, no-fault divorce is one of the more successful developments in family law in recent years.