November 19, 2025
Does the removal of the blame game allow separating couples to have a good divorce?
As of 6 April 2022, new legislation was introduced and changed how couples in England and Wales could divorce. However, in Scotland, a similar provision had been in place for many years although the Family Law (Scotland) Act 2006 significantly expanded access to no-fault divorce by reducing separation periods and abolishing desertion.
The no-fault divorce was hailed as the first major divorce law reform since the Matrimonial Causes Act 1973 and put an end to couples being forced to blame one party for the breakdown of their marriage.
Prior to the 1973 Act, to obtain a divorce it required one party to prove fault in the marriage, such as adultery, cruelty, or desertion. Before the Matrimonial Causes Act 1857, divorce could only be obtained through a private Act of Parliament. The 1857 Act introduced divorce through the courts, but grounds were unequal; for example, a husband could petition based solely on his wife’s adultery, while a wife needed to prove adultery combined with an aggravating factor like cruelty or desertion.
The new law retains the irretrievable breakdown of a marriage as the sole ground for divorce, and a statement to this effect is conclusive. There is no longer the requirement to prove or evidence the irretrievable breakdown by relying on one of five facts which were:
- Adultery
- Desertion
- Unreasonable behaviour
- Two years separation with consent
- Five years separation
The main advantage of a no-fault divorce is that by removing the requirement to allocate blame, overall, this makes the process of dissolving a marriage or civil partnership amicable and efficient and should mean there is:
- Less animosity
- Improved co-parenting
- Better emotional well-being
- Faster resolution
- Cannot be contested
- Joint applications from the couple
- Protection for victims of domestic abuse
As a result, a no-fault divorce can allow couples to have a good divorce as it encourages a constructive approach to separation and promotes reconciliation where possible. It also enables a future-focused approach to managing the effects of relationship breakdown, particularly in matters relating to children and financial matters.
If you need advice on child contact or any other family law matters in England and Wales only, please contact Linda at Gilson Gray for a confidential discussion.
| Linda Pope Partner, Family Law – England | ||||
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The information and opinions contained in this blog are for information only. They are not intended to constitute advice and should not be relied upon or considered as a replacement for advice. Before acting on any information contained in this blog, please seek solicitor’s advice from Gilson Gray.
