Applications for no-fault divorces have surged by nearly a quarter since new legislation came into force in April 2022, according to recent figures from the Ministry of Justice. Between April and June 2022, a total of 33,566 divorce applications were made under the new 'no-fault' system in England and Wales. This marks a 22% increase compared to the 27,596 applications made during the same period in 2021, when the previous fault-based system was still in operation.
The Divorce, Dissolution and Separation Act 2020, which introduced the no-fault provisions, came into effect on 6 April 2022. The reforms were designed to allow couples to end their marriage or civil partnership without having to attribute blame to either party. Previously, one spouse had to prove that the marriage had irretrievably broken down due to adultery, unreasonable behaviour, or desertion, or demonstrate a period of separation of at least two years with consent, or five years without consent.
Proponents of the new law argued that the fault-based system often exacerbated conflict between divorcing couples, leading to increased emotional distress for all involved, particularly children. By removing the need to assign blame, the legislation aims to foster a more amicable and constructive environment for separation, potentially easing the path towards resolution on matters such as finances and child arrangements.
The Ministry of Justice data also reveals that 23,222 sole applications were made by one individual, while 10,344 joint applications were submitted by both parties together. This indicates a significant uptake of the joint application process, which was not possible under the previous system and further reflects the intent of the reforms to promote cooperation rather than confrontation.
Family law professionals have largely welcomed the changes, suggesting they bring England and Wales in line with many other developed nations that already operate a no-fault divorce system. The initial surge in applications is partly attributed to a backlog of couples who may have been waiting for the new law to take effect before initiating proceedings, alongside those now finding the process less daunting.