Until very recently, if you wanted to get a divorce in the UK, you had to place blame on your spouse to do so. The blame assigned could be adultery, desertion or "unreasonable behaviour". If you couldn't apportion blame in this way, you'd have to live separately for several years to justify the divorce.

Since April 2022, however, there have been "no-fault divorces". This reform is the biggest upheaval to divorce laws since the 1960s.

No longer does a person filing for divorce have to hold the other responsible. Now, the simple fact that the marriage has broken down is a sufficient cause.

Part of the rationale behind this is that by removing the "blame game" element with its insistence on one person being responsible, couples getting a divorce can now focus their time and energy on planning for the future – figuring out how best to divide the finances and make childcare arrangements, for example. This, it's argued, reduces conflict between the couple and makes divorce an altogether less toxic process.

Another significant change is that divorce can no longer be contested by a spouse. In the past, if one person accused the other of unreasonable behaviour – abusive behaviour, say – then the abuser has had the power to contest the claim. This has led in some cases to victims of domestic abuse ending up legally trapped in their marriages.

Are no-fault divorces quickie divorces?

Some sections of the press, for instance the Telegraph, have represented these new, no-fault divorces as "quickie divorces".

This term conjures up images of celebrity divorce that – according to the press – took place in around a minute. This was the narrative painted by journalists when celebrity couples such as Liam Gallagher and Nicole Appleton, or Katie Price and Alex Reid, ended their marriages.

This association is being traded on in current coverage of the new no-fault divorce legislation.

As a matter of fact, there's no such thing as a quickie divorce – it's a pure fabrication by the press. Here's what actually happens.

After a judge has approved a divorce application, they pronounce what used to be known as the decree nisi – now called, in Plain English, a conditional order of divorce. This decree by the judge is read out in open court and usually takes less than a minute. This is what journalists are reporting as quickie divorces – but in fact, this is just one small part of the overall process.

The decree nisi usually comes around two to three months after the application has first been made. Following that, there's a period of six weeks and one day before the "decree absolute" – the final confirmation that the divorce will go through – is pronounced. And that's not all – after this final approval, there are financial and childcare arrangements to be made.

Now that no-fault divorces are part of the legal landscape, there's a minimum period of 20 weeks between the start of proceedings and the conditional order of divorce being made. The following period of six weeks and one day still must pass before the final order is made.

The reason for this is that this "period of reflection" allows couples to reflect, look forward and make practical arrangements before the divorce goes ahead. It's also there to dampen criticisms that divorce is now too quick and easy.

What else has changed?

The other significant change to divorce law is the change in language. Proponents of the new legislation argued that the language of divorce is fusty and archaic and should be modernised.

Since the legislation was passed, a decree nisi is now a conditional order and a decree absolute a "final order". The person who files for divorce is no longer a "petitioner", but now an "applicant".

How do you apply for a no-fault divorce?

Before no-fault divorces were introduced, one person – the petitioner – had to start divorce proceedings. Now, there is a choice – either one person can apply, or both spouses can make the application jointly.

The process is simple and can be done online. The applicant or applicants need to supply names and addresses, along with an original or certified copy of their marriage certificate.

In the case of a sole application, the court sends a copy of the divorce application to the spouse, who then confirms receipt and sends an "acknowledgment of service" form back to court within a fortnight.

How did no-fault divorces come about?

Arguments for and against no-fault divorces have been knocking about for decades, but the current legislation was kickstarted by Conservative MP Richard Bacon. In 2015 he presented the No Fault Divorce Bill to the House of Commons. This received support from many campaigners, who called for the divorce law to be revamped in line with his recommendations.

Senior lawyers including Baroness Hale (former president of the Supreme Court) advocated for the legislation. Hale argued that removing fault from the equation – and allowing the breakdown of a relationship to be sufficient grounds for divorce – would soften the stress and pain of the divorce process. It would also reduce the possibility of protracted court battles, which are time-consuming, costly and stressful.

Arguments against the bill focused on the threat it posed to the sanctity of marriage. If it's quick and easy to divorce, it was argued, then people will enter into marriages too casually, safe in the knowledge that they can end a marriage swiftly if it fails.

Moreover, it could arguably lead to marriages failing prematurely, with people falling back on divorce as a solution to their problems rather than seeing it as a last resort. Finally, it's been argued that no-fault divorces let spouses who have committed adultery, desertion or unreasonable behaviour off the hook.

Getting legal advice

The advent of no-fault divorces makes the process of divorce more straightforward – but expert advice from a family law solicitor is still beneficial, especially concerning future arrangements such as the division of finances and provision of childcare.

If you require advice regarding the divorce process, the division of your assets or child arrangements, please get in touch. We offer a free initial consultation with no obligation, and always aim to deal with such matters swiftly and sensitively.