An update on the planned introduction of no-fault divorce in England and Wales.

When will ‘No Fault Divorce’ become law UK?

You may have seen the recent media coverage about ‘no fault’ divorce and the planned changes to divorce laws in England & Wales. Lots of people have been asking whether they should wait for the law to change before filing their divorce petition. To help you decide what’s right for you, here are some points to consider.

You may have seen the recent media coverage about ‘no fault’ divorce and the planned changes to divorce laws in England & Wales. Lots of people have been asking whether they should wait for the law to change before filing their divorce petition. To help you decide what’s right for you, here are some points to consider. As always, you can contact us or book a [free 15-minute-call](https://calendly.com/amicable/call) to discuss your specific circumstances.

**What do the new ‘No Fault’ divorce laws mean?**
-------------------------------------------------

*   The proposed changes will end the necessity for couples to blame each other or be separated for long periods of time. Instead, you will be able to give the court notice that you wish to divorce stating that you believe the marriage is beyond repair. This means ‘Irretrievable breakdown’ will remain the sole reason for divorce, but unlike now, you won’t have to give details (like saying your partner has committed adultery or detailing your partners ‘bad’ behaviour by writing a [behaviour statement](https://amicable.io/examples-unreasonable-behaviour/)).
*   You will be able to ‘give notice of your intention to divorce as an individual (like now) or as a couple.
*   There will no longer be an option to contest the divorce… If one of you thinks it’s over – it is.
*   There will still be two stages after giving notice, as now called Decree Nisi and Decree Absolute.
*   Every couple will have to go through a six-month minimum notification period
*   The language used on the forms will be changed to get rid of archaic language. For example, what is now called a ‘Divorce Petition’ will be called ‘An application for divorce order’, ‘Decree Nisi’ will be changed to ‘Conditional Order of Divorce’ and ‘Decree Absolute’ will be changed to ‘Final Order of Divorce’

**When will No-Fault divorce become law in England and Wales?**
---------------------------------------------------------------

The bill passed it's second reading in Parliament and got Royal Assent in June 2020. However, **don’t stop reading just yet**, as couples won’t be able to actually divorce in England and Wales until 2021.

The most likely timing is Autumn, probably October 2021. Rule changes in the government tend to take place in April and October, however in this case there is probably too much to be sorted (the rules, the online process, the forms you’ll need to fill in etc) to be able to implement the new laws in April.

What should you do if you want to divorce or end your civil partnership now?
----------------------------------------------------------------------------

Even though the divorce laws have changed, if you want divorce or end your civil partnership now, you’ll need to choose [one of the five reasons](https://amicable.io/divorce-grounds/) or wait until the new laws are implemented.

**Are there reasons not to wait?**
----------------------------------

*   If you are having a financial consent order as part of your divorce, then this can only be put before the court and made legally binding once you have reached the Decree Nisi stage of the divorce. If you must wait six months in addition to waiting for Decree Nisi you could be waiting a long time for thing to be finalised.
*   There may also be tax implications to waiting to divorce if you own property and one of you has already moved out.

**If I’m going to wait, can I protect myself if we’re just separating?**
------------------------------------------------------------------------

*   If you’re going to separate before you divorce, then consider a [separation agreement](https://amicable.io/separation-agreement/). This is an agreement between the two of you that sets out what will happen to your finances during your separation and before you get a financial consent order.
*   Unlike a consent order, a separation agreement can't be automatically enforced by the court in the event of a dispute. Usually it is the basis for your consent order, but if one of you changes their mind, it can be used by the other in a court hearing to show what has happened so far and what you agreed was fair at the outset. A judge will usually give considerable weight to a separation agreement if it is properly drawn up, witnessed and was fair in the circumstances at the time.

For more information on No-Fault divorce, [click here](https://www.buzzsprout.com/182833/4241693-episode-10-no-fault-divorce-update-with-nigel-shepherd) to listen to Nigel Shepherd recap the key changes and what the new Divorce Laws mean for couples in England and Wales on [The Divorce Podcast](http://www.thedivorcepodcast.com/). Nigel has been campaigning for no fault divorce for over 25 years and was awarded the John Cornwell Award for Outstanding Contribution to Family Law at the Jordans Family Law Awards in 2019.

If you’d like to talk about the impact of the change in the law to ‘No Fault Divorce’ you why not [book a free 15-minute call](https://amicable.io/book-divorce-advice-call/) with one of our friendly amicable experts.

When will ‘No Fault Divorce’ become law?

The latest updates on No-fault divorce. When it became law, when couples can actually use it and what your options are now if you want to divorce or separate. Learn how...

No-fault divorce | 2020 Latest Updates

There has been a lot of discussion in the media recently about no fault divorce. Lots of the commentary comes off the back of Tini Owens and her application for a divorce. Mrs Owens had […]

The introduction of No-fault divorce in England and Wales has been on the government's agenda for many years.

This post is updated with the latest news and explains the background on No-fault divorce, when it became law, when couples can actually use it and what your options are now if you want to divorce or separate.

### When will No-Fault divorce become law in England and Wales?

The bill passed it's second reading in Parliament and got Royal Assent in June 2020. However, **don't stop reading just yet**, as couples won't be able to use No-Fault divorce in England and Wales until 2021.

The most likely timing is Autumn, probably October 2021 because rule changes in the government tend to take place in April and October. However, on this occasion, there is probably too much to be sorted (the rules, the online process, the forms you'll need to fill in etc.) to be able to implement the new laws in April 2021.

### What do the new No-Fault divorce laws mean?

*   The new laws will end the necessity for couples to blame each other or be separated for long periods of time
*   No-fault divorce will become the sole reason for divorce and will replace the five options currently listed on the legal documents (adultery, behaviour, desertion, two years separation and five years separation)
*   You will be able to give notice of your intention to divorce or end your civil partnership as an individual (like now) or as a couple.
*   There will no longer be an option to contest the divorce. If one of you thinks it's over – it is.
*   There will still be two stages after giving notice, as now called Decree Nisi and Decree Absolute.
*   Every couple will have to go through a six-month minimum notification period
*   The language used on the forms will be changed to get rid of the archaic language. For example, what is now called a 'Divorce Petition' will be called 'An application for divorce order', 'Decree Nisi' will be changed to 'Conditional Order of Divorce' and 'Decree Absolute' will change to 'Final Order of Divorce'

### What should you do if you want to divorce or end your civil partnership now?

Even though the divorce laws have changed, if you want to divorce or end your civil partnership now, you'll need to choose [one of the five grounds for divorce](https://amicable.io/divorce-grounds/) or wait until the new laws are implemented:

*   [Unreasonable behaviour](https://amicable.io/examples-unreasonable-behaviour/)
*   [Adultery](https://amicable.io/grounds-for-divorce-adultery/) (can't be used by same-sex couples)
*   [Desertion](https://amicable.io/desertion-as-the-ground-for-divorce-what-you-need-to-know/)
*   [Two years separation](https://amicable.io/divorce-grounds-two-years-separation-need-know/)
*   [Five years separation](https://amicable.io/grounds-divorce-five-years-separation/)

### Are there reasons not to wait for No-Fault divorce?

*   If you have a financial consent order as part of your divorce or dissolution, then this can only be sent to court and made legally binding once you have reached the Decree Nisi stage. If you must wait six months in addition to waiting for Decree Nisi you could be waiting a long time to finalise both legal processes.
*   There may be tax implications if you wait to divorce, for example if you own property and one of you has already moved out.

### If I'm going to wait for No-Fault divorce, can I protect myself if we're just separating?

*   If you're going to separate before you divorce, then you could consider a [separation agreement](https://amicable.io/separation-agreement/). A separation agreement is an agreement between the two of you that sets out what will happen to your finances during your separation and before you get a financial consent order.
*   Unlike a consent order, a separation agreement isn't enforceable through the court.
*   Usually, a separation agreement is the basis for a consent order, but if one person changes their mind, it can be used by the other in a court hearing to show what has happened so far and what you agreed was fair at the outset. A judge will consider a separation agreement if it is properly drawn up, witnessed and was reasonable in the circumstances at the time.

### Why No-Fault divorce is important

The shift from fault-based to no-fault divorce proceedings is a hugely welcome development and one that is long overdue.

Moving away from an antiquated fault-based system will empower people to start their separation without placing blame on one person, help them to protect their children and keep conflict to a minimum.

Children are the biggest winners in the new changes to the laws as parents will be able to keep things on an amicable footing and prioritise the care of their kids over arguing about divorce proceedings.


<Video id="baosZzm_yK4" />


### What is the law on no-fault divorce elsewhere in the UK?

In Scotland, no-fault divorce is already in place and you can divorce after two years apart without the need of the other person’s consent. It can be done after just one year of marriage if you have consent from your ex. 

For help if you live in Scotland, please check the latest [government advice here](https://www.scotcourts.gov.uk/taking-action/divorce-and-dissolution-of-civil-partnership)

If you're based in Northern Ireland, no-fault divorce is still under review unfortunately. But the hope is that the progress of England and Wales will see the reform of this law in Northern Ireland accelerated. 

For help with divorce if you live in Northern Ireland, please check the latest [government advice here](https://www.nidirect.gov.uk/articles/getting-divorce-or-dissolving-civil-partnership)

If you and or your ex live or are domiciled in either England or Wales, amicable can help - Book a free 15-minute advice call **[here](https://amicable.io/book-divorce-advice-call/)**.

### The blame game

Because we don't yet have no-fault divorce in England and Wales, if you're applying for a divorce or dissolution now using 'unreasonable behaviour' you must list events strong enough to be accepted by a judge.

It's a ridiculous balancing act trying to find reasons strong enough to pass through the court yet not so contentious as to overly upset your ex.

Furthermore, even if you have an amicable divorce, seeing a list of your misdemeanours at a time that is already emotionally charged, can be incredibly upsetting.

This can create conflict and set the process back considerably. In many circumstances, there has been no 'unreasonable behaviour', just a slow realisation that the relationship is over and no longer tenable.

This new law to allow blameless divorce will help tens of thousands of people who want to divorce amicably and without further drama for either party or their children.

### Over two-thirds of people support No-Fault divorce

A YouGov poll showed that 69% of the population support no-fault divorce. There is increasing media coverage about the benefits of amicable divorce, and 99% of divorces in England and Wales are uncontested.

An article by [**Flic Everett in the Daily Telegraph**](http://www.telegraph.co.uk/women/life/rise-semi-splitters-couples-opting-bespoke-break-ups-instead/) highlighted the growing number of people who are choosing to 'semi-split' rather than blame their partner.

People are finding ways around the current law that make more sense for their family. It's a positive move towards divorce and relationship breakdown becoming a less painful process.

No-fault divorce - what's happened so far?
------------------------------------------

### June 2020 Update | New divorce laws and no-fault divorce receive Royal Assent

The new divorce laws pass the second hearing in Parliament and shortly after receive Royal Assent. This means that No-Fault divorce is now law in England and Wales but couples won't actually be able to use it until it's implemented in 2021.

Listen to [episode ten of The Divorce Podcast](https://www.buzzsprout.com/182833/4241693-episode-10-no-fault-divorce-update-with-nigel-shepherd) when Nigel Shepherd joins host Kate Daly. Nigel has been campaigning for no-fault divorce for over 25 years and was awarded the John Cornwell Award for Outstanding Contribution to Family Law at the Jordans Family Law Awards in 2019.

### April 2019 Update | New divorce law in England and Wales?

David Gauke, Secretary of State for Justice and Lord Chancellor confirmed today that divorce laws will change and 'no-fault divorce' will be introduced. This is the first change in divorce laws for nearly 50 years.

Currently, in England & Wales, there are five reasons or facts couples can use to prove their marriage has broken now irretrievably: unreasonable behaviour, adultery, two years separation, five years separation and desertion.

The new laws will sweep aside the need for one spouse to blame or be separated for long periods of time and instead require a notice period.

### September 2018 Update | Tini Owens

There has been a lot of discussion in the media recently about no-fault divorce. Lots of the commentary comes off the back of [**Tini Owens**](https://www.theguardian.com/lifeandstyle/2017/mar/24/tini-owens-trapped-loveless-marriage-judges-refuse-divorce) and her application for a divorce.

Mrs Owens had petitioned to divorce her husband of 38 years, using his 'unreasonable behaviour' as the reason for the divorce. During divorce proceedings, Mr Owens rejected her reasoning, stating that he wanted to remain married.

A judge refused her divorce petition, and last week Mrs Owens went to the High Court in London to appeal against that decision.

### How amicable can help

If in the meantime, if you want an amicable divorce, [**we're here to help**](https://amicable.io/contact-us). Book a free 15-minute advice call [here](https://amicable.io/book-divorce-advice-call/).

No Fault Divorce – Time To End The Blame Game (2020 Latest Updates)

You’ve probably seen the coverage regarding Tini Owens. If you’d like a better understanding of the case and it's connection with no fault divorce, read on.

The Tini Owens divorce case and No-Fault Divorce – what’s happened so far?

You’ve probably seen the coverage regarding Tini Owens in the news recently. This story has sparked debate over the last few years for a number of reasons. If you’d like a better understanding of the […]

The Tini Owens divorce case and No-Fault Divorce – what’s happened so far?   

You’ve probably seen the coverage regarding Tini Owens in the news recently. This story has sparked debate over the last few years for a number of reasons. If you’d like a better understanding of the background, here’s a recap on the story and why it’s important.

### Who is Tini Owens?

Tini Owens is well known because her application to divorce her husband of 40 years was refused by not only the High Court and but also the Court of Appeal. The case is now being reviewed by the Supreme Court who also rejected the divorce application.

### Why was the divorce application rejected?

Tini used ‘unreasonable behaviour’ as the reason for the breakdown of the marriage. Her husband, Hugh Owens, contested the divorce as he didn’t agree that the examples of his behaviour satisfied the requirements of the law. In 2016, the High Court refused her petition, stating that her husband’s behaviour had not been unreasonable.

### What happens now?

You can expect to see a lot of coverage in July about this case as on Wednesday 25th July 2018, the Supreme Court also rejected the divorce petition. This means Tini must stay married to her husband until 2020.

### Why is it important?

There are divided opinions on this case. Some are outraged that Tini has been refused a divorce and therefore is being forced to stay unhappily married. Some believe that the behaviour examples were not sufficient enough for a judge to agree to the divorce. And some believe it is high profile example of why we should have no-fault divorce in England and Wales.

### What is ‘unreasonable behaviour’?

[Unreasonable](https://amicable.io/grounds-for-divorce-unreasonable-behaviour/) behaviour is one of the [five reasons](https://amicable.io/divorce-grounds/) that can be used in English and Welsh law to prove that your marriage has broken down past the point of repair. It is the most common reason used to get divorced.

### What is no-fault divorce?

No fault divorce refers to divorcing your partner without the need to blame one person for the breakdown of the marriage. No-fault divorce currently does not exist in England and Wales so in most cases, couples are forced to enter a blame game to get divorced. A YouGov survey revealed that 69% of people agree that people should be able to divorce without having to blame their spouse. So, why hasn’t the law caught up with the majority?

<div class="text-center mb-10"><Button to="/book-divorce-advice-call/" title="Book a free 15 minute advice call" /></div>

## Related content

During this episode of [The Divorce Podcast](https://www.thedivorcepodcast.com/), Kate is joined by Nigel Shepherd. Nigel Shepherd is twice Chair, honorary Life Member and current national committee member of [Resolution](https://resolution.org.uk/), an adviser to family law funder Ampla Finance, and Consultant with the national firm law firm, Mills & Reeve. The firm and Nigel, in particular, were permitted to intervene in the now infamous Tini Owens case divorce case. 

<Video id=“baosZzm_yK4”/>

The Tini Owens divorce case and No-Fault Divorce

Divorce laws in England and Wales have been due a review for some time now. Have your say on the government's plans to reform our divorce laws here.

No fault divorce will be introduced to England and Wales in 2021

Divorce laws in England and Wales have been due a review for some time now. It’s been a staggering 50 years since the last review, and in the words of David Gauke, “the ‘blame game’ […]

### Divorce laws in England and Wales have been due a review for some time now. It’s been a staggering 50 years since the last review, and in the words of [David Gauke,](https://www.independent.co.uk/news/uk/politics/no-fault-divorce-marriage-adultery-couples-uk-law-government-a8538331.html) “the ‘blame game’ that currently exists helps no one. It creates unnecessary antagonism and anxiety at an already trying time for couples and in particular, where there are children.”

The current reasons you can use to divorce your spouse under English and Welsh law are; 

* [Adultery](https://amicable.io/grounds-for-divorce-adultery)
* [Unreasonable behaviour](https://amicable.io/grounds-for-divorce-unreasonable-behaviour)
* [Desertion](https://amicable.io/desertion-as-the-ground-for-divorce-what-you-need-to-know)
* [Two years separation](https://amicable.io/divorce-grounds-two-years-separation-need-know) 
* [Five years separation](https://amicable.io/grounds-divorce-five-years-separation)

The problem is, the majority of these reasons aren’t relevant for couples in England and Wales. Additionally, most couples don’t want to wait two years once they’ve made the tough decision to separate. This leaves many couples who want to move on with their lives, with only one option, which is to enter the blame game using unreasonable behaviour.

If you’re applying for a divorce using ‘unreasonable behaviour’, one of you must list [examples of your ex’s behaviour](https://amicable.io/examples-unreasonable-behaviour) that are strong enough to warrant ending your marriage. It’s a tough balancing act trying to find reasons strong enough to pass through the court yet not so contentious as to overly upset your ex. Unreasonable behaviour is also often a trigger for acrimony, as one person must read a list of their misdemeanors in black and white. Not a good start to the divorce process and an extra hurdle couples must navigate at an already emotional time.

The government’s proposed plans to introduce no-fault divorce responds to what society wants, with a recent YouGov poll showing that 69% of people support no fault divorce. This change will be a positive move towards divorce becoming a less painful process for individuals, couples and families.

##Related content

In this episode of The Divorce Podcast, Kate is joined by International Family Lawyer David Hodson OBE. Kate and David discuss how divorce has changed over the years and how expectations of our new generation clash with the expectations of the past. The case for a no-fault divorce. The conceptuality of marriage and divorce. The options for a new way to divorce and what we can learn from other countries. 

<Video id=“lXF5Fd2L1k”/>

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