top of page
  • Zaynah Mohabuth

What is no fault divorce?


a couple going through a divorce

Traditionally, divorces were “fault-based” forcing the person making the application to provide evidence on the grounds of either; adultery, unreasonable behaviour, separation for more than 2 years, separation for more than 5 years. The most common grounds of divorce were either adultery or unreasonable behaviour and this caused a lot of animosity between separating couples making the process emotionally taxing for both parties involved.


The no-fault divorce was introduced in April 2022, this means that separating couples can now make an application for divorce without the need to evidence or blame the other party for the marriage ending. Couples can divorce simply because the marriage has broken down and they no longer wish to be together. This approach aims to reduce conflict and acrimony between the divorcing couples and reduces the need for extensive legal battles over who was to blame for the marriage ending.


This is a more effective way of dealing with the divorce, allowing the couples to focus on other practical areas of the divorce, such as the finances and division of assets, and child contact arrangements as well as their own living arrangements and other important matter.


Like with many things, there are always pros and cons. We have listed below 4 arguments in favour of no fault divorce and 4 arguments against.


Arguments in favour of no-fault divorce


  1. Reduced Conflict: No-fault divorce can lead to less conflict between the couples by eliminating the element of blame which can make matters seem a lot worse during this difficult time. In reducing conflict, where there are children, the parties would be able to focus on contact arrangements and this could promote better co-parenting.

  2. Emphasis on Individual autonomy: Supporters argue that individuals should have the right to terminate a marriage without assigning blame. This respects individual autonomy and the right to make personal life choices.

  3. Efficiency: This can make the process for divorce faster and simpler, as well as less costly for the parties involved. By introducing the no fault divorce, there is less burden on the legal system and it therefore means that divorce cases can be expedited to come to a resolution.

  4. Adapting to Modern Relationships: Marriages can break down for a variety of reasons that might not fit into traditional fault categories. No-fault divorce laws acknowledge the complexity of modern relationships and recognize that assigning blame might not accurately reflect the reality of the situation.


Arguments against no-fault divorce


  1. Diminished Commitment: Critics argue that no-fault divorce laws may contribute to a more casual attitude toward marriage, couples may be more likely to consider divorce without fully exploring avenues and giving them less motivation for reconciliation or seeking counselling which can impact on children (if any) and also the couples finances.

  2. Impact on Children: Some critics claim that no-fault divorce can make it easier for parents to separate, potentially affecting children's well-being and stability. They argue that the emphasis on individual rights might overshadow the interests of the family unit.

  3. Financial consequences: The introduction of a simple divorce process may not adequately address financial disparities between the divorcing couple, this could leave one party more well off and the other at a disadvantage after the divorce. In a traditional divorce, factors such as adultery and cruelty may be considered when dealing with the finances, in a no-fault divorce the financial implications of divorce might seem less fair to the financially disadvantaged spouse if there is no consideration of the behavior that led to the breakdown of the marriage.

  4. Unilateral Decisions: In a no fault divorce one spouse can unilaterally decide to end the marriage without discussing with the other party or obtaining their consent. This can lead to a situation where one party is taken by surprise and might not have had a change to process that the marriage has come to an end and may not have a chance to address or work on the issues within the marriage before the divorce proceedings begin. This also leads to a higher rate of divorce simply because the process is less legally complicated


60 views0 comments

Recent Posts

See All

Комментарии


bottom of page