What does a No-Fault Divorce mean?
On 6th April 2022, the law on divorce changed with the introduction of The Divorce, Dissolution and Separation Act 2020. The old law required couples to rely on one of the following five facts: unreasonable behaviour, adultery, 2 years separation with consent, 5 years separation without consent or desertion. The new law of ‘No-Fault Divorce’ was introduced aiming to reduce heavily contentious divorces and promote amicable separations where possible.
No-fault divorces eliminate any kind of ‘blame’ on the other and simply requires a party to complete a declaration that the marriage has irretrievably broken down.
Do both spouses have to agree to divorce?
Technically, no. Respondent’s will not be able to dispute whether a marriage has broken down irretrievably. The only grounds for disputing a divorce application are: issues regarding the Court’s jurisdiction to deal with the divorce, the validity of the marriage or a claim that the marriage has already legally ended. Therefore, the Applicant can apply for the divorce without having to worry whether the Respondent will agree to the divorce application or not.