A new era in divorce law has been created by the 2022 no-fault divorce laws. Divorcing couples are no longer required to cite fault when filing for divorce, which is a major change.
According to Major Family Law, divorce filings have declined for the third consecutive year. These fundamental changes in the law are not the first. We examine how divorce laws have evolved over the past two centuries, and what the implications of today’s new laws are.
At the beginning…
Divorce was a luxury for the wealthy who could obtain a divorce via an Act of Parliament. Things changed in 1857, when the divorce proceedings were transferred from parliament to civil courts. The Matrimonial Clauses Act made it easier for ordinary people to divorce. The bill was controversial at the time. Some saw it as an attempt to overthrow the authority of God, while others saw it as a positive step towards women’s rights.
Matrimonial Clauses Act 1923
The Matrimonial Clauses Act, a Private Member’s Bill, was introduced in 1923. The new bill allowed both men and women to divorce on grounds of adultery. It was a victory for equality at the time.
The introduction of “matrimonial offenses”
Three new grounds for divorce were added to the Act in 1937. These new grounds were cruelty, insanity and desertion. The Act also amended the law to say that divorce can only be filed by married couples within three years of their marriage, unless exceptional grounds are presented.
1969 Divorce Reform Act
The Divorce reform Act of 1969 was one of the most important pieces of legislation. It was introduced by the Labour government. These new laws made it easier for couples to divorce after a two year separation, if both sides agreed, or five years if one of the parties still wants the divorce. Couples can now request a no fault divorce. The Divorce Reform Act had one of the most significant effects on divorce statistics with the number of divorces rising substantially. The Act was amended to consolidate several elements of the existing law in 1973. This included maintenance agreements, British citizenship and marriage validity. It stipulated that any unreasonable behavior must be unacceptable and cannot reasonably be expected to co-exist with.
2020 Divorce, Dissolution, and Separation Act
1973 was the last year that changes were made before the new no fault divorces became effective on 6 April 2022. The reforms are designed to reduce conflict in divorce proceedings. This is done by eliminating the requirement to detail or cite fault with spouses and allowing married couples to jointly file for divorce.
Here is a summary of the Divorce, Dissolution and Separation Act 2020
- Joint applications – Although spouses can still file for divorce separately, they can also make joint applications. This decreases the possibility of adversarial proceedings between a petitioner’ or a ‘respondent’ – now both parties are ‘the applicants.
- No-fault applicants don’t need to show unreasonable behavior or have been separated for more than two to five years in order to obtain a divorce. They can state that the marriage/civil partnership has irretrievably ended.
- Reflection period. After the divorce proceedings have begun, there is now a 20-week reflection period where spouses can look back and make practical plans.
- Terminology has been changed to reflect the changing vocabulary of divorce. A Conditional Order replaces ‘Decree Nisi’, and a Final Order replaces Decree Absolute.
- You cannot contest a divorce. This element is believed to protect domestic abuse victims. Some abusers were able to delay a divorce by being able contest it.
Conclusion
The history of divorce law reform has changed to meet the changing needs of society. It is likely that the laws will change again. Lawyers and rights groups have largely supported the new laws, believing they are no longer relevant or outdated. Some groups argue that the new legislation, which does not require fault to be reported, will lead to higher divorce rates in the future.