What are the legal grounds for divorce in the UK?

Getting divorced is a stressful process, although the introduction of the no-fault divorce in 2022 hopes to simplify the process.

We explore what you need to know.

Legal grounds for divorce

In April 2022, the legal landscape for divorce in the UK underwent significant changes with the introduction of ‘no-fault’ divorce. Couples can now file for divorce without needing to prove fault or blame one partner.

This shift means a simple statement declaring the marriage has irretrievably broken down is sufficient to start the divorce process.

The new law aims to reduce conflict between spouses by removing the requirement to specify grounds like adultery or unreasonable behaviour.

What is no-fault divorce?

No-fault divorce is a major reform in UK family law, making it easier for couples to end their marriage without the acrimony that often comes with assigning blame. 

Under this system, neither party needs to prove the other is at fault for the marriage’s breakdown. Instead, a simple application stating the relationship has irretrievably broken down is required. 

This means that reasons like adultery, desertion, or unreasonable behaviour, which were necessary under the old law, are no longer relevant.

The goal of the no-fault divorce is to provide a smoother, less contentious process, focusing on the practical steps of separation rather than the emotional toll of proving fault.

How has UK divorce law changed?

Before the introduction of the no-fault divorce law, couples seeking a divorce in the UK had to choose from five legally recognised grounds: adultery, unreasonable behaviour, desertion, and prolonged separation (either for two or five years). 

Each of these grounds required the petitioner to provide evidence, often leading to blame being placed on one party, which could escalate tensions during the divorce process. 

The no-fault system eliminates the need to cite specific reasons for the marriage breakdown, focusing instead on the mutual recognition that the relationship has ended. 

This significant shift simplifies the legal process, reducing conflict and allowing couples to prioritise practical matters such as financial settlements and childcare arrangements. 

Here is a brief outline of the previous grounds for divorce and how they have been affected by this change:

Adultery

Adultery was defined as a voluntary sexual relationship between a married person and someone of the opposite sex outside the marriage. To file for divorce on these grounds, the petitioner had to provide evidence of the infidelity. 

However, under the new no-fault system, proving adultery is no longer necessary to obtain a divorce.

Unreasonable behaviour

Unreasonable behaviour covered a wide range of actions that made it intolerable for one partner to continue living with the other.

This could include anything from physical abuse to excessive drinking. The petitioner needed to demonstrate specific instances of behaviour to justify the divorce. 

With the new law, couples can now bypass this contentious requirement.

Desertion

Desertion referred to a situation where one spouse left the other without consent for a continuous period of at least two years.

The deserted spouse had to prove the desertion occurred and lived apart during that time. 

This ground is now redundant with the introduction of no-fault divorce, as a simple statement of irretrievable breakdown suffices.

Separation for two years

Couples could file for divorce after living apart for two years, provided both parties consented. This ground required a clear separation, which could be complicated if the couple had any ongoing interactions. 

The no-fault option simplifies this process, as separation is no longer a requirement for initiating a divorce.

Separation for five years

Under the old law, if one spouse had lived apart from the other for a continuous period of five years, they could file for divorce without needing the other spouse's consent.

This ground allowed for a straightforward process, as the spouse who sought the divorce did not have to prove any fault or reason for the breakdown of the marriage. 

Although this ground was relatively easy to establish, the no-fault divorce system simplifies the process further, allowing couples to end their marriage without relying on separation as a criterion.

What is the process for a no-fault divorce?

The process for obtaining a no-fault divorce in the UK is designed to be straightforward and less adversarial than previous methods. 

To initiate a divorce, one spouse must complete a statement on the divorce petition declaring the marriage has irretrievably broken down, which is possible after at least 12 months of marriage. 

Once the application is submitted, the applicant has 28 days to serve the divorce papers to their spouse, typically via email. The court accepts the statement of irretrievable breakdown as conclusive evidence, eliminating the need for further grounds. 

After a minimum 20-week reflection period, the court will issue a conditional order, previously known as decree nisi, confirming the intent to divorce. 

Following an additional six-week cooling-off period, the court grants a final order, formerly called a decree absolute, that officially ends the marriage. 

This process encourages couples to reflect on their decision and promotes amicable resolutions on practical matters, such as financial arrangements and child custody.

The emphasis on mutual recognition of the marriage's end helps reduce conflict and streamline what can often be a challenging experience.

Get expert financial advice

The introduction of no-fault divorce marks a significant shift in UK family law and offers couples a less adversarial and more straightforward path to ending their marriages. 

The new process encourages reflection and amicable resolutions regarding practical matters by eliminating the need to assign blame.

As couples navigate this change, they can focus on rebuilding their lives without the added stress of proving fault, paving the way for a smoother transition into the next chapter.

Let Unbiased match you with a financial adviser for expert financial advice on navigating your divorce and making informed decisions about securing your financial future.