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How the introduction of no-fault divorce on 6 April 2022 may assist victims of domestic abuse (4 January 2022)

Date: 04/01/2022
Duncan Lewis, Family Solicitors, How the introduction of no-fault divorce on 6 April 2022 may assist victims of domestic abuse

On 7 June 2021, as a response to a parliamentary question, ministers announced that the Divorce, Dissolution and Separation Act 2020 will come into force on 6 April 2022. The Act reflects a breakthrough reform for divorce law as it will assist married couples to divorce without having to go through the grueling process of placing blame on the other.


Current divorce law and how it impacts victims of domestic abuse

Where a spouse wishes to end their marriage, to make an application for divorce there are five accepted grounds upon which they can rely on in accordance with the Matrimonial Causes Act 1973:


  1. Adultery
  2. Unreasonable behaviour
  3. Desertion
  4. Living apart for at least two years with consent
  5. Living apart for at least five years

Whilst grounds 3, 4 and 5 can apply in some circumstances, the threshold can be difficult to pass and satisfy the Court, and many spouses do not want to wait 2 or 5 years before they can end their marriage and move on with their lives.

Furthermore, for victims of domestic abuse who are on a low income, living separately from their spouse for 2 or 5 years before applying for divorce is just not financially feasible. Whilst it is possible for a spouse to apply for a divorce whilst living in the same house as the other (albeit living separate lives and two separate households), the negative mental and physical impact this has on the parties and their children is significant and not fair for all involved.

Therefore, where spouses cannot satisfy grounds 3, 4 and 5 and in essence they want the marriage over sooner, they can apply for a divorce against their spouse based on ‘unreasonable behaviour’. This ground places fault on the other party as the applicant/petitioner spouse has to set out a statement detailing their spouse’s unreasonable behaviour and often, they will need to cite specific examples and dates of incidences. For many victims of domestic abuse, applying for a divorce on this basis can be daunting as it would mean having to confront their abuser’s behaviour and provide extensive and specific detail on how their partner’s actions have impacted them mentally, physically, emotionally and/or financially.


How will this new Act help victims of domestic abuse?

This Act will enable many victims of domestic abuse experience a less hostile, more efficient divorce process. As from 6 April 2022, potential Petitioner’s will no longer need to produce a statement showing the unreasonable behaviour of their spouse/civil partner before they can commence divorce proceedings. Many victims of domestic abuse seek a divorce but once they realise that they will need to produce a statement and revisit their trauma, many are put off with continuing with the process as they fear the reaction of their abuser.

The new divorce process introduced by the Act is intended to work to reduce conflict between individuals who wish to end their marriage or civil partnership. This conflict can be especially damaging on the mental health of children as well as the parties.


How can Duncan Lewis Solicitors help you?

There is still a few months before no-blame divorces are introduced. Therefore, please do contact us if you feel that you cannot wait until the new Act is introduced as we can help to initiate the divorce process and provide the necessary support to get through what can be a daunting procedure.


Author: Jaspreet Rai, is a trainee solicitor in the Family and Child Care department, based in the Birmingham office, working under the supervision of solicitor Julie McNamara.

Contact Jaspreet Rai on 020 7275 2569 or via email: jaspreetr@duncanlewis.com

Contact Julie McNamara on 020 7275 2670 or via email: juliemc@duncanlewis.com



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