It’s something a lot of people still assume.
That if a marriage ends, someone has to be “at fault”.
That you need to point to something specific — behaviour, actions, blame.
But that hasn’t been the case for a while now.
Since April 2022, the way divorce works in England and Wales has changed quite significantly. And for many people, that change has made the process feel a bit more straightforward — and a lot less confrontational.
What’s changed?
Under the current law, you no longer need to prove fault to get divorced.
There’s no requirement to set out what’s gone wrong or to assign blame to your partner. Instead, the process is based on a simple statement that the marriage has broken down and can’t be repaired.
That’s enough for the court to accept the application.
For a lot of people, this removes one of the most difficult parts of starting a divorce. There’s no need to revisit personal details or set things out in a way that could make an already difficult situation more tense.
Applying for divorce now
Another change is how the application itself can be made.
Some couples choose to apply together. Others still prefer one person to take the lead and apply on their own. Both options are available, and which route works best often comes down to the relationship between you and your partner.
For some, a joint application helps keep things more balanced. For others, a sole application simply feels more practical.
There isn’t a right or wrong approach — just what works for your situation.
Does it make things easier?
In many cases, it does.
Removing fault has taken away one of the main triggers for conflict. It means the focus can shift away from what’s happened in the past, and more towards what needs to be sorted moving forward — finances, property, and arrangements for children.
It also means one person can’t stop the divorce from going ahead. Once the application is made properly, the process will continue.
That alone has made a difference for many people who previously felt stuck.
What about timing?
Although the process is more straightforward, it isn’t instant.
There’s a built-in pause after the application is submitted. This lasts for 20 weeks and gives both sides time to reflect and consider the next steps before moving things forward.
Some people find that time useful. Others are ready to move ahead sooner. Either way, it’s a standard part of the process now.
What this means in practice
For most people, the biggest change is the tone of the process.
Divorce is still a significant life event, and it can still be difficult. But without the need to assign blame, it’s often easier to approach things in a calmer, more constructive way.
That can make a real difference when it comes to sorting out the practical side of things — and especially where children are involved.
We’re here to talk it through
At Lund Bennett Family Law, we speak to people at all stages of this process.
Some are just finding out about these changes and want to understand what they mean. Others are ready to start moving things forward but aren’t sure where to begin.
Wherever you are with it, we’ll talk things through in a straightforward way and help you understand what to expect — without overcomplicating it.
If you’re thinking about divorce or simply want to understand your options, you’re always welcome to get in touch.
Sometimes a short conversation can make things feel a lot clearer.