England No Fault Divorce Law: Understanding the 2020 Reform

Author: Michael Poon, Associate Solicitor The England No Fault Divorce Law represents a significant reform in family law, aimed at reducing conflict and modernising the divorce process. Introduced through the Divorce, Dissolution and Separation Act 2020, the new regime reflects a shift away from assigning blame and towards a more practical and less adversarial approach to marital breakdown.

On 6 April 2022, The Divorce, Dissolution and Separation Act (2020) (the “Act”) came into force in England and Wales, marking the formal introduction of the England no fault divorce law, a regime designed to make the legal process for divorce less acrimonious (or so it is hoped).

England No Fault Divorce Law: Background to the Reform and Owens v Owens

The background to this reform may be found in the case of Owens v Owens, where Mrs Owens filed for divorce on the basis of unreasonable behaviour. The case attracted significant attention because Mr Owens successfully contested the allegations.

The Supreme Court dismissed Mrs Owens’ appeal, meaning she remained legally married until the five‑year separation period was satisfied. The case highlighted limitations in the previous system and contributed to calls for reform, demonstrating how fault‑based requirements could prevent parties from obtaining a divorce even where the relationship had clearly broken down.

How Divorce Was Handled in England Before the No Fault Regime

Prior to the introduction of the Act, spouses seeking divorce in England and Wales were required to rely on one of five facts:

• adultery.

• unreasonable behaviour.

• desertion for two years.

• two years’ separation with consent.

• five years’ separation without consent.

Where parties wished to divorce earlier than two years, they were effectively required to rely on fault‑based grounds such as adultery or unreasonable behaviour.

In practice, this often led to unnecessary conflict. To reduce hostility, practitioners frequently drafted neutral or mild allegations, using standard wording designed to minimise disputes. Nevertheless, the requirement to assign fault often created tension at an early stage of proceedings.

Key Features of the 2020 Act

The Act introduced several key reforms:

• Removal of fault requirement: parties may now seek divorce without assigning blame.

• Statement of irretrievable breakdown: accepted as conclusive evidence.

• Simplified terminology:

  • decree nisi becomes conditional order.

  • decree absolute becomes final order.

• Reduced scope for contesting divorce.

These changes aim to enable spouses to focus on practical matters such as financial settlement and child arrangements, rather than the reasons for the breakdown of the marriage.

In practice, the reforms may also reduce legal costs by avoiding disputes over fault‑based allegations.

Practical Impact of the England No Fault Divorce Law

The introduction of the no fault regime represents a shift towards a more modern and conciliatory approach in family law.

By removing the need to attribute blame, the law seeks to:

• reduce acrimony between spouses.

• encourage cooperation.

• support more efficient resolution of disputes.

The reform also aligns England and Wales with other jurisdictions that have already adopted no fault divorce frameworks.

Comparison with Hong Kong’s Divorce Framework

In Hong Kong, divorce is governed by the Matrimonial Causes Ordinance (Cap.179), which provides a single ground for divorce, namely irretrievable breakdown of marriage.

However, this must still be supported by one of five facts:

• adultery.

• unreasonable behaviour.

• desertion for one year.

• one year’s separation with consent.

• two years’ separation without consent.

Unlike the England no fault regime, Hong Kong’s system retains elements of both fault‑based and non‑fault‑based requirements.

In addition, Hong Kong courts continue to encourage settlement through mediation and case management practices relating to financial and child matters.

How Ravenscroft & Schmierer Can Help?

Ravenscroft & Schmierer advises clients on family law matters with an international dimension, including comparisons between England No Fault Divorce Law and Hong Kong divorce frameworks. The firm provides guidance on cross‑border family law issues, financial arrangements, and dispute resolution. Individuals seeking further information may contact us.

FAQ: England No Fault Divorce Law

What is the England no fault divorce law?

It is a legal framework introduced in 2022 that allows couples to divorce without assigning blame to either party.

When did the no fault divorce law come into force?

The law came into force on 6 April 2022 in England and Wales.

Can a divorce still be contested under the new law?

The scope for contesting a divorce is significantly reduced under the new regime.

What replaced decree nisi and decree absolute?

These terms have been replaced with conditional order and final order.

How does England’s system compare to Hong Kong?

Hong Kong still requires proof of specific facts such as fault or separation, whereas England now allows divorce without assigning fault.

How can Ravenscroft & Schmierer assist with cross-border family law issues?

Ravenscroft & Schmierer supports clients dealing with family matters across jurisdictions, including differences between Hong Kong and other legal systems.

Why work with Ravenscroft & Schmierer on international divorce matters?

Cross‑border family law involves complex legal considerations. Ravenscroft & Schmierer provides practical and informed guidance to help clients navigate these issues effectively.

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Disclaimer: This publication is general in nature and is not intended to constitute legal advice. You should seek professional advice before taking any action in relation to the matters dealt with in this publication.

For specific advice about your situation, please contact us.

Michael Poon

Associate Solicitor

Tel:+852 2388 3899

[1] [2018] UKSC 41