It’s a big step for dignity and a step away from “unnecessary mud-slinging.” After 6 April 2022, married couples in the UK will be able to divorce without assigning blame or fault, thanks to ministerial approval of the Divorce, Dissolution and Separate Act of 2020, announced late last week. Financial experts who assist in the division of finances can expect better focus and perhaps just a little less anger and frustration from their matrimonial clients.

The courts don’t enjoy hearing about who did what to whom any more than business valuers do—it only extended or exacerbated the tension and often overt hostility. Trying to find a fair financial settlement often had to be delayed for “cooling off” periods. The current procedure is specifically unfair to the experts the family courts rely on, since business valuers, for the most part, were unable to recover fees for the extra hours and stress.

“For decades airing the ‘facts’ of a deteriorating relationship in legal documents was the only way to end matters,” comments Sarah Anticoni of Charles Russell Speechlys. “By removing the blame game of a couple having to prove whose ‘fault’ it was that the relationship had irretrievably broken down, it is hoped that all energies can be more constructively channeled into making future plans for any children of the family and for dividing finances fairly.”

Others note that this step is a long time coming, often referring to New Zealand, which allowed for no-fault divorces in 1969.

No-fault divorce basics for business valuers: After April 2022:

• Couples will no longer have to agree to be separated for two years (or five, if the other spouse does not consent) or have proof of their partner being at fault in order to file for divorce;
• Only one person needs to desire the divorce, and their spouse will not be able to refuse the application; and
• HMCTS’ online divorce systems will have been updated so that the new process is simplified and works as intended.