As Sunday 6th April 2025 marked the third anniversary of the implementation of the No Fault divorce regime in England and Wales, family lawyers are reflecting on its impact – both positive and unintended.

The landmark change, introduced in 2022, was designed to remove the element of blame from divorce proceedings, simplifying the process and reducing conflict between separating couples. In the three years since its inception, legal professionals have witnessed both progress and growing pains as society adapts to this new legal landscape.

James Grigg, partner and head of family law at HCR Law, notes that while the reform has been “widely welcomed,” it has also led to some unexpected developments. He said:

“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, serving as a therapeutic step in the healing process. The removal of fault in the divorce regime, as a legal concept, is straightforward. However, removing it from the human psyche is far more complicated.”

Grigg observes that since the change, there has been a noticeable increase in spouses using financial statements as a new outlet for blame, with allegations of bad behaviour creeping into documents where they hold little legal weight. He added:

“In my experience, the new divorce regime has led to more spouses littering financial statements with allegations of bad behaviour which, invariably, have no impact or relevance on the financial settlement. This is happening more than we saw under the old system and it often fuels animosity, resulting, ironically, in increased costs and delays.”

He acknowledges that while the regime is “a success in many ways,” it reveals a deeper truth about human nature.

On the other hand, Clizia Motterle, a senior associate in the family team at RWK Goodman, reflects on the more transformative aspects of the reform. A long-time advocate for the change, she sees it as a step in the right direction for both families and legal professionals. She said:

“No fault divorce was hailed as a much-needed change, strongly advocated by practitioners through Resolution. It certainly has been such. It has fundamentally shifted the mindset of separating parties and family practitioners away from focusing on what had gone on in the marriage and who was to blame for its breakdown.”

Motterle believes the change has led to a “more constructive and solution-focussed approach” during what is often a highly emotional time. She added:

“The distress, anger, and frustration that so often surround the breakdown of a marriage, however, have not disappeared and it is important that we continue to acknowledge that. They are emotions which separating individuals will need to process, and which they can no longer channel into lengthy particulars of unreasonable behaviours or statements dealing with conduct, the scope of which remains very limited in matrimonial proceedings.”

Instead, she sees new, more empathetic pathways emerging to support people through the emotional fallout of divorce:

“Rather, and far more appropriately, different avenues are being explored, often more therapeutically informed, to provide that much needed acknowledgement and support, and enable individuals to truly move forward.”