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It has been two years since the biggest shake-up in divorce law in five decades, but what has changed since no-fault divorces were introduced? The Mirror hears from two experts
Saturday marks two years since no-fault divorces came into force in the UK, sparking a huge change in the way fraught relationships can come to an end.
It was the biggest shake-up of divorce law in 50 years that has allowed couples to legally separate without the need to prove fault or wrongdoing by either party. It has largely put an end to bitter battles of blame, as before the fresh ruling, couples had to prove ‘behaviour’ to call it quits – or be separated for a minimum of two years instead.
Experts have told the Mirror they have seen a significant rise in those filing for divorce since the introduction, but does making it easier still have its faults? Julian Bremner, Executive Partner and Financial Arbitrator at Rayden Solicitors, says divorce has become much smoother and simpler since it can be done more amicably.
“There is a significant increase in parties simply cracking on and filing the divorce proceedings themselves without needing their solicitors to do so,” Julian, who credits the new online portal for aiding the change, told the Mirror. “Solicitors no longer need to be involved as to the divorce itself and this means that parties – even if they have solicitors assisting them with the finances and the children – are relaxed about progressing their divorce through the online portal themselves.”
Fiona Turner, Partner at Weightmans, said she has seen a 25 per cent rise in people applying for divorces. But argues that the easy access of the system being online could see scorned couples jump into it without fully considering the consequences.
“One big thing is that now you can sort out your divorce online, which is super handy,” she told the Mirror. “It means you can start the process without having to leave your house. However, this has led to some folks maybe rushing into it without thinking it all the way through.
“Even though you’d think more couples would apply together because they don’t have to blame each other anymore, it turns out most people are still going it alone. This shows that, even with easier laws, deciding to end a marriage is still a big, personal decision.”
Speaking of the advantages of the new system, Julian says he wishes the “game-changing” new rules had been implemented years earlier. “The biggest benefit is that it used to be the case that starting the legal process needed to be contentious. Someone needed to be accused of adultery or unreasonable behaviour etc, and this just inflamed matters needlessly at a time when parties were already very stressed and emotions were running high.
“No-fault divorce keeps those very personal and emotional matters private. It has meant a more restrained start to their matrimonial proceedings and has lowered the temperature dramatically.
“It has made it so much easier for parties to move more calmly to deal with the important issues of their separation – issues with the children and the finances. It cannot be underestimated as to what a benefit this has been, it has made it so much easier for separating individuals and their solicitors to move forward constructively.”
Julian also highlights how the process has become cheaper, while less time is wasted with solicitors spending needless hours drafting unreasonable behaviour petitions, and all the other costs that used to be associated with the old system. However there is one major flaw, and that is with technical difficulties.
“The online portal, on which all divorce petitions are now processed, is new. Whilst, by and large, it works very well indeed, situations that are a little out of the box have only come about after the event and sometimes the portal has had difficulties adjusting,” he explained.
“It can also be challenging on occasions, where parties have started proceedings themselves, for solicitors who take over the case to then become involved. I think these are all teething issues and the technical designers behind the portal are very reactive and have been improving it.
“On very rare occasions, there are those parties that miss the opportunity to try and cause emotional harm to their former partner by setting out the reasons the marriage broke down – but these are few and far between.” Another change people might not realise is a longer waiting time before everything is finalised – which could be a positive or a negative depending on how you look at it.
He added: “There is a minimum waiting period of 20 weeks between the application being issued and being able to apply for the conditional order and a further six weeks and one day between the conditional order and Final Order. This is a longer period than under the old rules. This gives couples the opportunity for additional time to consider their options and potentially reconcile before moving forward with the divorce.”
Lastly, Fiona highlights that the easier process of divorce has allowed splitting couples to focus on other important aspects of separation, such as seeking emotional and financial support. She added: “There’s a growing understanding that getting divorced isn’t just about signing papers; it’s about sorting out your finances and making sure you’re okay emotionally.
“People are getting that they need to talk to professionals to help them through it, not just legally but also to help manage money and feelings. It looks like as we get used to these new divorce rules, we’re also learning how to handle breakups a bit better.”
