Government Considering No-Fault Divorces

11th December 2018

A recent government consultation on no-fault divorces has caused a lot of discussion. Today is the final day of the consultation period for changing the rules regarding divorce in England and Wales.

Divorce is a hard enough time in people’s lives without over-complicated and prolonged proceedings. The Law Society of England and Wales believes that removing the blame from the divorce process will allow separating couples to focus on the future and help divorces to progress with as little unnecessary drama as possible.

At the moment, divorcing couples in England and Wales are required to allege one of five possible fault-based facts. This means that divorce proceedings are often uglier and more traumatic – and longer – than many people want or need them to be.

Law Society president Christina Blacklaws points out that this, “exacerbates conflict between separating partners. It makes it much harder for separating parents to focus their minds on the needs of their children when making child arrangements. Introducing ‘no fault’ divorce would change the way couples obtain a divorce – for the better.”

It is often the case that early legal advice in the case of divorce results in referrals to mediation. This avoids the cost of court hearings, but unfortunately many people do not know that the option of mediation exists, and due to cuts in Legal Aid, they are unable to access this early advice from a solicitor.

Unfortunately, many people going through a divorce are unaware that an early investment in legal advice can save them perhaps thousands of pounds in the long run, as well as give them clear and reassuring support from the outset by making the process of arranging a future for their children, home and finances easier to understand.

We know that divorce is always going to be hard, but we are optimistic about the prospect of ‘no-fault’ divorces. We sincerely hope that this will enable us to help our clients through this process more smoothly, so that rather than being forced to recount the past, they can look towards the future.

You can contact our Family Law department at or on 01392 424242 to see how we can help you.