When the law surrounding divorce in England and Wales changed in April 2022, it marked one of the most significant reforms to family law in decades. The introduction of no-fault divorce fundamentally altered the way married couples could legally end their relationship, removing the requirement to assign blame for the breakdown of a marriage.
Four years later, it is possible to reflect on whether those reforms have achieved their intended aims. While the legal framework has undoubtedly reduced conflict at the start of many divorce proceedings, it has not eliminated the practical and emotional challenges that separating couples continue to face. Financial disputes, arrangements for children, and disagreements about the future remain common, demonstrating that changing the legal process is only one part of supporting families through separation.
Why the law needed to change
Prior to April 2022, anyone wishing to divorce had to rely on one of five legal facts to demonstrate that the marriage had irretrievably broken down. Unless couples had already lived apart for a lengthy period, this often meant one spouse had to rely upon allegations of unreasonable behaviour or adultery.
Although many petitions contained relatively mild examples of behaviour, the process frequently created unnecessary tension. Individuals were sometimes advised to include criticism of their spouse purely to satisfy the legal requirements, despite both parties agreeing that the marriage had simply come to an end.
The case of Owens v Owens in 2018 highlighted many of the shortcomings within the previous system. In that case, the Supreme Court concluded that the wife could not obtain a divorce because the legal threshold had not been met, despite the marriage having effectively broken down. The decision attracted considerable public attention and accelerated calls for reform.
The Divorce, Dissolution and Separation Act 2020 introduced an entirely different approach, which came into force in April 2022.
How no-fault divorce changed the process
The current law allows either one spouse or both spouses jointly to apply for a divorce by simply confirming that the marriage has irretrievably broken down. There is no longer any need to establish fault or provide evidence of poor behaviour.
The new process also introduced several other important reforms, including:
- The removal of the ability to defend most divorce applications
- The option for couples to make a joint application
- Updated terminology replacing Decree Nisi and Decree Absolute with Conditional Order and Final Order
- A mandatory minimum period of 20 weeks between the application and the Conditional Order, allowing time for reflection and practical planning
These changes were designed to encourage a more constructive approach to separation while reducing unnecessary hostility.
Four years on: Has the reform achieved its objectives?
Looking back after four years, many family law practitioners agree that the reforms have been largely successful.
One of the biggest achievements has been removing the need for couples to begin divorce proceedings by blaming one another. This has often helped preserve a more respectful relationship, particularly where children are involved.
The introduction of joint applications has also reflected the reality that many couples reach the decision to separate together rather than one party taking legal action against the other.
Court statistics and feedback from practitioners suggest that defended divorces have become exceptionally rare, which was one of the principal aims of the legislation.
However, while the legal process itself has become more straightforward, the wider issues arising from relationship breakdown remain just as complex.
Divorce is still about more than ending a marriage
One common misconception is that the reforms made divorce itself easier in every respect. However, while the administrative process has certainly become simpler, divorce is rarely just about obtaining the Final Order. Many separating couples still need to resolve issues such as:
- The family home
- Savings and investments
- Pensions
- Business interests
- Spousal maintenance
- Child arrangements
- Child maintenance
These matters can involve detailed negotiations, or in some cases, court proceedings. Introducing a simpler divorce procedure has not altered the legal principles governing financial settlements or arrangements for children. Consequently, obtaining a divorce does not automatically determine who keeps the house or how assets will be divided.
A reduction in conflict at the beginning
One noticeable benefit of the new system is the reduction in unnecessary hostility during the early stages of divorce. Previously, petitions based on unreasonable behaviour often required solicitors to draft examples of conduct that justified the application. Even where both spouses wanted to separate amicably, seeing criticisms formally set out in court documents could cause resentment. Removing this requirement has helped many couples focus on practical solutions rather than revisiting past grievances.
This can be particularly valuable where parents need to continue co-parenting after separation. A less confrontational legal process may improve communication and make future discussions regarding children more productive.
Has it reduced legal costs?
In straightforward cases where both parties agree that the marriage has ended, legal costs associated with obtaining the divorce itself are often lower than under the previous system. There is less correspondence concerning allegations of behaviour, fewer disputes about the wording of divorce petitions and almost no defended proceedings.
However, legal costs remain significant where couples disagree about finances or children. In many cases, the majority of legal fees relate not to the divorce itself but to negotiating a financial settlement or resolving disputes over child arrangements.
As a result, although the administrative process has become more efficient, separating couples should not assume that every aspect of divorce has become inexpensive.
Remaining challenges
Despite the success of many aspects of the reforms, several challenges remain. Public understanding of family law continues to be limited, and many people still assume that divorce automatically determines financial matters or that assets are always divided equally.
Others incorrectly believe that fault has disappeared entirely from family law. While conduct is generally no longer relevant to obtaining a divorce, it may still be considered in specific financial or child-related circumstances such as in abusive or controlling relationships or where finances have been hidden.
Court delays also remain a concern, and while the divorce application process itself has become more streamlined through online systems, delays within wider family court proceedings can still affect those involved in financial remedy or child arrangements cases.
The emotional impact of divorce has also not changed simply because the legal procedure has become less adversarial. Relationship breakdown remains one of life’s most significant personal events, and many families benefit from legal advice alongside emotional and practical support.
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