The biggest shakeup in divorce law in over 50 years came with the introduction of no-fault divorce in April 2022. This significant change removed the need to assign blame for the breakdown of a marriage, a long-standing source of conflict between spouses. Before this change, many divorces were framed as a “blame game,” with one spouse often seeking to place full responsibility on the other. But as we all know, it takes two to tango, and divorce is rarely the fault of just one person.

With the introduction of no-fault divorce, the aim was to reduce animosity and conflict, not just between spouses, but also to protect the children caught in the middle. The idea was simple: remove the need to assign blame and foster a more amicable separation. The Ministry of Justice had predicted that the number of divorce applications would rise as a result of this change. However, the statistics tell a different story.

Key Statistics Since No-Fault Divorce

• 28,865 divorce applications were made between January and March 2024.
• 76% of these were sole applications; only 24% were joint applications.
• This represented a 5% decrease in applications compared to the same period in 2022 under the old law.
• Divorce filings have decreased by 29.5% overall since 2022.
• There was a 19% drop in financial remedy applications between October and December 2023.

What Do These Numbers Mean?

One of the most surprising findings is the decline in divorce filings after the no-fault law was introduced. Contrary to expectations, the new process has not led to an increase in applications. The breakdown between sole and joint applications is also notable: three-quarters of applications are sole applications. This suggests that in many cases, one spouse is still more eager to proceed with the divorce than the other. Under the old law, a spouse could contest the divorce if they disagreed with the grounds cited. However, with the new system, there is no option to contest a divorce unless there are jurisdictional issues, which are rare.

The new system has also created a more collaborative environment for divorcing couples. Previously, the attribution of blame set an acrimonious tone right from the start, making it difficult for couples to agree on key issues such as children and finances. Now, with no-fault divorce, both parties can reach a mutual decision to end the marriage and focus on resolving their issues amicably.

This trend towards cooperation is also supported by the requirement introduced in April 2024 that couples engage in Non-Court Dispute Resolution (NCDR) before filing for financial remedy proceedings. Legal experts have found that this has helped reduce animosity at the outset, making it easier to settle matters without court intervention.

Challenges in the New Divorce Landscape

Despite the positives, there are some challenges with the new no-fault system. The introduction of a 20-week cooling-off period has extended the divorce process, with the average time from application to final order now standing at 65 weeks. This extended timeline has led some couples to seek faster alternatives, such as separation agreements, especially if they are unsure about fully committing to divorce proceedings.

The other big factor influencing divorce rates is cost. With the current economic climate and the cost of living crisis, many couples have found that divorce is simply too expensive right now. As a result, some are choosing to postpone their divorces or explore alternative arrangements.

Interestingly, the online divorce process has made it easier for couples to manage their own divorces without legal representation, reducing the need for solicitors. This shift has helped couples save on costs, but it has also led to a decrease in financial remedy applications—as couples are more willing to negotiate financial agreements between themselves rather than pursuing contested proceedings.

Why You Still Need Legal Guidance

While many couples are successfully navigating the new system without legal help, it’s crucial to remember that any financial agreement reached during a divorce must be formalised in a Consent Order to be legally binding. Without this, your ex-spouse could potentially make a financial claim against you in the future, especially if your financial circumstances change.

If you’re going through a divorce or separation, or if you need help formalising a financial agreement, our expert team at Vyman Solicitors is here to guide you. Whether you’re dealing with no-fault divorce, financial remedy proceedings, or need assistance drafting a Consent Order, we can help you navigate this process smoothly.

by Minoli Vehella

Trainee Solicitor I Family Law 

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Get in Touch

For assistance with no-fault divorce, financial remedy proceedings, or formalising financial agreements, contact the Family Law team at Vyman Solicitors on 020 8427 9080.

We’re here to support you every step of the way.