No-one has to be 'at fault' as new divorce laws come into effect in England and Wales from today
Couples can now start proceedings without blaming each other
Last updated 29th May 2022
Couples in England and Wales looking to mutually separate will be able to do so, thanks to new legislation coming into effect.
From Wednesday (April 6th), it will become legal for couples to apply for 'no-fault' divorces, where no blame is apportioned to either party.
Previously, people in divorce proceedings would need to attribute blame for the breakdown in the marriage - or civil union.
But in what is being dubbed as the biggest shake up in divorce law in 50 years, those who come to a mutual understanding will be able to separate without animosity.
The cost of a 'no-fault' divorce will remain the same as a typical divorce lawsuit, averaging £592, excluding the cost legal advice.
The move by the government has been welcomed across the industry, helping to alleviate the pressure on the Family Court, as well as breaking down the hostile nature associated with the divorce process.
However, it is not expected to reduce the time that paperwork can be properly filed to formalise the separation.
Speaking about the effect the change in law will have, David Lister - head of family law at national firm Simpson Millar - said that the delay would be in part due to financial costs.
“Although those who are not represented might find it easier to agree a way forward once they no longer have to describe bad behaviour," he said.
“At the moment, divorces are taking 4 to 6 months to conclude unless there are financial issues to resolve.
“Generally, it is sorting out the financial issues that causes divorces to take longer, and I don’t see that drastically changing.
“Most people can live with being the bad guy if it is simply a means to an end. They can’t live with having to sell their home or losing out on their pension rights so easily.”