No fault divorce laws

New divorce laws have now been rolled out, making separation easier for married couples – but this may have consequences for family finances, lawyers have warned.

Under the new “no-fault” rules, couples will no longer have to provide grounds for their divorce or civil partnership dissolution. Under the old system, in England and Wales, couples could only prove their marriage had broken down as a result of adultery, unreasonable behaviour or desertion. But, since Wednesday April 6, they only need to state that their relationship has “irretrievably” broken down.

The change, part of the changes in the Divorce, Dissolution and Separation Act, aims to remove the element of blame from split-ups, which can complicate a process which is already traumatic and difficult. Since Thursday 31 March the service for dealing with the previous rules ceased.

Separating couples may find the new system fairer and more amicable – but there are concerns it could lead to an increase in divorce rates. The divorce rate dropped in 2020, declining by 4.5% to 103,592 cases in England and Wales, according to the Office for National Statistics, but this may just be the calm before the storm as people wait for the new rules to kick in.

It is important to remember the divorce element only serves to officially end a marriage or civil partnership. It is critical that couples still take all the necessary additional steps to settle their money matters. While there are lots of options separating couples can take when it comes to finances, full and frank conversations about the value of assets and income remains key to achieving the best outcome. Additionally, all agreements will still need final court approval to ensure they are legally binding and tie up any loose ends.