Divorce law in England and Wales has historically been shaped by the idea that someone must be at fault for the breakdown of a marriage. For decades, separating couples were required to rely on grounds such as adultery or unreasonable behaviour in order to obtain a divorce, unless they had already lived apart for a significant period of time.
This system was widely criticised. Many couples felt forced to exaggerate or invent behaviour simply to satisfy legal requirements. This often increased hostility, made cooperation more difficult, and had a damaging effect on children.
In response to these concerns, no fault divorce was introduced and has been used since April 2022. Couples no longer need to blame one another and instead, one or both spouses make a statement that the marriage has irretrievably broken down. The court does not investigate the reasons and the divorce proceeds through a structured timetable.
This change has undoubtedly made the divorce process more dignified. It allows couples to focus on practical arrangements rather than revisiting painful details. However, it is important to understand what no fault divorce does and does not change.
While the process of ending the marriage is simpler, the financial consequences of divorce remain complex and significant. Divorce still involves decisions about property, pensions, savings, debts and ongoing financial support. These decisions can affect both parties for many years.
One of the most common misconceptions is that reaching an informal agreement is enough. Many separating couples believe that if matters are amicable, there is no need for legal advice or court involvement. This can be a costly mistake.
Without a court approved financial order, financial claims remain open indefinitely. This means that even years after divorce, one former spouse may be able to make claims against the other. Solicitors regularly advise people who believed matters were settled, only to face unexpected legal claims later.
Pensions are another area where problems frequently arise. Pensions are often one of the most valuable assets in a marriage, yet they are commonly overlooked or misunderstood. Agreeing to keep your own pension without advice may seem fair at the time but can result in significant imbalance in retirement.
Property arrangements also require careful consideration. Decisions about whether to sell, transfer or retain property must take account of future housing needs, mortgage capacity and tax implications. What works in the short term may not be sustainable in the long term.
A solicitor’s role in no fault divorce is not to increase conflict. It is to ensure that decisions are informed, legally binding and future proofed as far as possible. Legal advice helps clients understand the full picture, avoid unintended consequences and achieve finality.
No fault divorce removes blame, but it does not remove the need for careful legal planning.
Lauren Power, Head of Family Department and Associate Solicitor at Rowlinsons Solicitors commented:
“The introduction of no-fault divorce has been instrumental in removing the blame game and achieving a more streamlined process. This is coupled with the use of the portal system for divorce applications. Divorce applications can be done solely or as joint applications, with both parties applying to divorce together, without blame and often leading to matters being less protracted.
Of course, parties still need to ensure that they obtain initial advice at the outset, particularly with regards to their financial position. I cannot stress the importance of considering all financial settlement claims at the outset, even if you think an agreement can be reached directly with your spouse. Often, further guidance and thought is needed to ensure that you have sufficient income now and upon retirement, your housing needs can be met and that consideration is given to any children of the family”.
In summary, Lauren suggests that “financial matters can often be agreed between the parties, but that legal advice should be sought prior to proceeding, with any agreement reflected into an order and thereafter approved by the court.
Rowlinsons Solicitors offer initial fixed fee appointments to enable you to discuss your position at the outset to enable you to make an informed decision. Please contact 01928 735 333 and ask to speak to a member of the family department.