One Year of No-Fault Divorce

Resolution and its members played an integral part in ensuring the biggest shake up in divorce law for more than half a century, after more than 30 years of campaigning.

Resolution worked tirelessly make no-fault divorce a reality, to ensure more separating families can achieve amicable agreements. We have been pleased to see that in its first year the reform has started to make the divorce process in England and Wales kinder and has increased the chances of successful non-court dispute resolution – in turn reducing the burden on the family court.

Despite no fault divorce signalling the biggest change in divorce law in more than 50 years, it has passed without a hitch and has led to the more dignified process for which Resolution and others had campaigned for many years.

Jo Edwards, Chair of Resolution’s Family Law Reform Committee.

The Divorce, Dissolution and Separation Act (2020) was introduced on 6 April 2022, marking a significant change in divorce law for England and Wales. The act ends completely the need for separating couples to apportion blame for the breakdownof their marriage, helping them to instead focus on key practical decisions involving children or their finances and look to the future.

Resolution members believe that the experience of no-fault divorce in the first year has been almost universally positive. Members have found that animosity has been removed from divorce from the outset and discussions about children or financial concerns start on a much more positive footing. We have also been pleased to hear that our members have found it easier to persuade clients not to issue court applications.

While the numbers of divorcing couples have risen, this was always expected as a result of people waiting for the new legislation to come into force before applying for a divorce. This is consistent with the experience of other countries who have introduced similar reforms.

This historic change marked the end of the blame game for divorcing couples, removing the outdated and unnecessary need for them to find fault with their ex on the divorce petition.

Resolution has been pleased to see that in its first year the reform has started to make the divorce process in England and Wales kinder and has increased the chances of successful non-court dispute resolution – in turn reducing the burden on the family court.