Happy Anniversary? Three Years of No-Fault Divorce—and the Blame Game Still Lingers

Three years have passed since England and Wales ushered in a new era of divorce law with the arrival of the Divorce, Dissolution and Separation Act 2020, which officially came into force on 6 April 2022. The reform marked a seismic shift: it removed the requirement for divorcing couples to assign blame—such as adultery or unreasonable behaviour—for the breakdown of their marriage.

Touted as the end of the “blame game,” the no-fault divorce framework was championed by the previous government as a more humane, streamlined way to handle marital breakdowns. And while the legislation has undeniably simplified the legal process and reduced formal conflict, family lawyers say that emotionally, the blame is still very much alive—just relocated further down the line.

The law may have changed. Human nature? Not so much.

A Law That Worked on Paper

At its core, the no-fault divorce regime was designed to remove hostility from the start of the divorce process. It eliminated the requirement for one spouse to “prove” fault by citing misconduct, instead allowing either party—or both jointly—to simply declare that the marriage has irretrievably broken down.

For many, the change was long overdue. The previous system forced spouses to dredge up past grievances or wait out a two-year separation period, even in cases where both parties agreed to part ways amicably.

Now, under the new regime, couples can submit a joint application or a sole application without assigning blame, ushering in what was expected to be a new era of civilised separation.

But as any family lawyer will tell you, legal simplicity does not always translate into emotional simplicity.

Blame Didn’t Disappear—It Just Moved

James Grigg, head of family law at HCR Law, points out a paradox that many in the legal profession have observed since the reform came into force.

“Previously, being able to apportion blame at the start of the process by citing a spouse’s adultery or unreasonable behaviour was important to many people on a psychological level,” he explained. “It served as a therapeutic step in the healing process.”

Stripping away that ritual—however symbolic—has left many divorcing spouses without an official outlet for their pain or anger. And, as Grigg notes, this has led to unintended consequences elsewhere in the process.

“In my experience, the new divorce regime has led to more spouses littering financial statements with allegations of bad behaviour,” he said. “These accusations invariably have no impact on the actual financial settlement but often escalate tensions, prolong proceedings, and drive up legal costs.”

In essence, the blame hasn’t been erased. It’s simply found new, less appropriate places to land.

A Less Combative Beginning—But the Same Emotional Terrain

Despite this, many practitioners acknowledge that the no-fault system has succeeded in making the initial stages of divorce more amicable.

Clizia Motterle, senior associate in the family team at RWK Goodman, says the regime has “significantly reduced conflict” at the outset of proceedings.

“Previously, the act of citing someone’s faults in writing—and having that become part of the court record—was a highly emotional and often antagonistic process,” she said. “Now, couples can begin the process on a more neutral footing.”

But Motterle is quick to add that the emotions themselves—anger, resentment, fear—have not vanished.

“These are emotions which separating individuals still need to process. They can no longer channel them into lengthy particulars of unreasonable behaviour, and they often end up expressing them elsewhere—sometimes during child custody disputes or financial disclosures.”

The Joint Application That Rarely Happens

One of the most progressive features of the no-fault law is the option for couples to file a joint divorce application. In theory, this promotes collaboration and minimizes the adversarial nature of separation.

In practice, however, only a quarter of divorce applications have been made jointly, according to Ministry of Justice data.

Why so few?

Family lawyers suggest a mix of reasons: unequal power dynamics in relationships, differing emotional timelines, or one partner being more ready than the other to end the marriage. Even in cases where a joint application is possible, it often requires a level of mutual trust and communication that may have eroded by the time divorce is on the table.

Sole applications—although less inflammatory than in the previous regime—remain the norm.

Emotional Needs vs Legal Structures

One of the most significant critiques of the no-fault regime is that it presumes rational, emotionally detached behaviour during one of life’s most emotionally turbulent experiences.

While the system has eliminated blame from the legal paperwork, it hasn’t replaced it with a framework to address emotional fallout. This has left a gap, especially for those who once relied on the formal accusations in a divorce petition as a way to be heard and validated.

“This isn’t just a legal transaction—it’s a breakup,” says Grigg. “And people don’t stop being human just because the form is easier to fill out.”

In some cases, the lack of an outlet for grievance at the beginning of the process leads to unresolved emotional issues influencing decisions later—particularly in contested financial arrangements or child custody disputes.

More Efficient, But Not Necessarily Cheaper

The no-fault law aimed to reduce conflict and thereby reduce legal fees. And while it has shortened the time it takes to initiate a divorce, practitioners report that the total cost of divorce hasn’t dropped significantly—in some cases, it’s even increased due to disputes being pushed into other phases of the process.

Litigants now bring up behavioural accusations during the financial settlement stage—despite such claims usually having little to no legal bearing on the division of assets.

This misalignment can cause confusion, resentment, and frustration—often undoing the goodwill that the no-fault system hoped to cultivate.

Therapeutic Divorce: A New Approach?

Some experts argue that the legal profession must begin to integrate more holistic support for clients navigating divorce—particularly under the no-fault regime.

This might involve routine referrals to counselling or mediation services, or even the development of “therapeutic divorce” models that blend legal advice with psychological support.

“We can’t legislate away emotion,” Motterle said. “But we can provide more informed ways to process it. That means recognising that divorce is not just a financial reordering—it’s a personal upheaval that deserves care.”

Some law firms are already trialling such approaches, offering in-house therapists or partnering with emotional support services. But until this becomes the norm, many separating couples are left to navigate the gap between legal efficiency and emotional reality on their own.

Looking Ahead: Will the Law Evolve Again?

While most family lawyers agree that the no-fault divorce system is an improvement over its predecessor, few believe it’s the final evolution of divorce law in the UK.

Many are calling for more clarity and structure in related areas, particularly around financial remedies, which are still governed by a mix of precedent, judicial discretion, and outdated assumptions about roles in marriage.

The Law Commission’s recent review of financial remedies suggests dissatisfaction is growing. Lawyers and academics alike say it’s time for a comprehensive overhaul—one that aligns financial outcomes with the principles of fairness, equality, and modern family life.

There’s also a growing recognition that emotional support must become a built-in feature of the divorce system, not just a side offering. As it stands, the no-fault regime assumes a level of emotional detachment that, for many, is simply unrealistic.

Conclusion: Simpler on Paper, Still Messy in Practice

The no-fault divorce law has undeniably succeeded in making divorce procedurally simpler and less confrontational at the outset. It has removed archaic and adversarial practices that often worsened conflict and delayed resolution.

But the human need to assign blame, to grieve, and to feel heard has not disappeared—it has merely shifted further along the legal process, often emerging in unproductive or costly ways.

As the UK enters its fourth year under the no-fault system, the verdict is mixed. On paper, it’s a progressive and much-needed reform. In practice, it reveals a more uncomfortable truth: no law can fully account for the emotional complexities of a relationship’s end.

Divorce may now begin with a single ticked box. But for many, the healing journey is just beginning—and the blame game, while legally erased, still plays on.

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