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UK law change finally ends the divorce ‘blame game’

Prior to a recent change, proof of adultery, desertion, or a five year separation was needed to carry through a divorce in the UK. Now, the revised ‘no-fault’ law means blame no longer has to be apportioned and that marriages can end amicably.

When for better or worse goes out the window, things can actually get a whole lot worse.

Where, prior to getting married, ending a relationship could be achieved with a carefully constructed WhatsApp message or an uncomfortable Starbucks date, splitting post matrimony is far more complicated as feuds enter the legal realm.

Within the UK, where 42% of marriages end in divorce, legislative hoops have prevented couples from splitting acrimoniously since the 1970s. This is because, only until recently, they had to apportion blame to one person for the breakdown of the relationship, which often meant involving solicitors and souring relations. Sounds intense, right?

The only conditions that negated a long and drawn-out process like this were proof of adultery, desertion by one half of the couple, or a split which had occurred five years before proceedings. Without any of these, unbinding a marriage would usually involve a combative process of recriminations.

As we sit here today, however, the blame game has effectively been removed from divorce law in the UK. The ‘no-fault’ system in England and Wales will, as of this week, allow people to file for divorce forms without having to cite provocative reasons that will be picked over by the courts.

The bill was officially passed in June 2020, but the need for a complete overhaul to the online application system delayed its implementation until this point. I had a quick peruse myself, and couples can now select ‘irretrievable breakdown’ as an option without getting into the nitty gritty details.

‘You do not have to put in specifics. People keep them quite anodyne so they are enough to show the judge the marriage has broken down, says Phoebe Turner, a managing partner at Stowe Family Law. If someone just said “We don’t get on very well,” then the judge might say that is not enough.’

As well as easing the psychological burden, these changes will have massive financial bearing on estranged couples too. Where, under the previous act, divorce courts would cost the average divorcee £14,000 in the UK, by eliminating the need for one liable person now both parties can win.

Legal services firms, such as Amicable, will stand to benefit too. Offering up the chance to split a fixed price – £300 for a simple divorce, to around £7,000 for complications with child welfare and assets – couples can avoid draining rituals and complete the process without drudging up further ill feeling.

I’ve no experience of marriage or divorce, but I’d imagine you wouldn’t want torrid court examinations as your prevailing memory after saying ‘I do.’

‘In some ways it’s a modest change — in other ways it’s a fundamental one where the system is treating people as adults — they are the ones who know why their relationship has broken down,’ says Liz Trinder, a professor of socio-legal studies at Exeter University.

If the 2022 rates for divorces shoot up in the remainder of this year, it’ll be cause for weird sort of celebration, I guess. It could indicate that a tired system is no longer holding people back from living their lives.

In any case, we can probably expect a few more frivolous drunken weddings now too, mind.

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