Long-awaited introduction of no-fault divorce welcomed by family law expert

February 27, 2019

Spouses who separate by mutal consent will soon no longer need to apportion blame to get a divorce.

A change in the law to enable no-fault divorce is finally to be introduced during the next parliamentary session.

The landmark modernisation to the law, announced by Justice Secretary David Gauke, has been welcomed as long-overdue by Danny Hudson, partner and family law solicitor at Warrington-based Watsons Solicitors.

A divorce specialist who is also a member of the Law Society Family Law Panel, Danny said: “The current law is old-fashioned and has not moved with the times.

“The fact that there has to be an element of blame unless there is at least two years’ separation can add to an often unduly stressful time.

“This news will be a welcome relief for all couples who separate by mutual consent. No longer will they have to agree to apportion blame to one side or the other, in order to secure the legal paperwork that confirms their marriage is over.”

Currently, under the Matrimonial Causes Act 1973 in England and Wales, divorce can be granted only if an applicant can either prove their partner is at fault through adultery, desertion or unreasonable behaviour; or, if both partners agree, they can divorce after two years of separation.

Where one party contests the application, and there is also no evidence of fault, the applicants are forced to live apart for five years before obtaining a divorce.

A consultation by the Ministry of Justice in autumn 2018 elicited widespread support for the reform.

Danny added: “The trigger for the review was the case of Tina Owens in July 2018. The supreme court ruled that she could not divorce her husband until a peiod of five years had elapsed. That was despite the fact that Tina and her husband had been living separate lives since 2015.”

Danny advised anyone seeking advice to talk to a specialist divorce solicitor at Watsons Solicitors.

He said: “The need to prove fault is being removed. However, separating couples will still need to agree on many other complicated factors such as the division of property and other capital and pensions, not to mention the most important matter of what happens with the children.”

Watsons Solicitors specialises in family law, offering a fixed-fee divorce package, and an initial consultation free of charge, so a party can at the start of the process learn about options, without any obligation.

Founded more than 60 years ago, Watsons Solicitors specialises in wills and probate, employment law, family law, conveyancing, and personal injury.

Its experienced solicitors each hold accreditations and memberships of professional bodies relevant to their expertise, while the firm’s partners oversee all areas of work.

Contact Us

If you are interested or require any information on any of our services then please get in touch for an appointment on:

 01925 571 212
Mon-Fri: 9am - 5pm

Latest News

Employment Rights Act: what to expect in the second half of 2026

Employment law is set to undergo further changes this October as the Government continues its programme of workplace reform. The latest implementation timeline, published by the Department for Business and Trade, outlines several significant changes under the Employment Rights Act 2025 that are due to come into effect this October (and beyond). Firstly, and with […]

Watsons Solicitors strengthens its support for the Warrington community

Watsons Solicitors is giving back to the local community once again by supporting two of Warrington’s most eagerly awaited events. The law firm is sponsoring both the Warrington Business Awards Plus, which are making a return to the social calendar after a four-year hiatus, and the Warrington Running Festival. The sporting occasion welcomes participants to […]

Warrington solicitor warns UK residents that AI is no shortcut for will writing

A Cheshire-based wills and probate solicitor is urging UK adults not to use artificial intelligence (AI) to create wills, warning that mistakes or inaccuracies could leave loved ones facing unnecessary stress, costs, and complications. The cautionary advice comes after research from the Association of Lifetime Lawyers found nearly 75 per cent of UK adults aged […]

Watsons Solicitors strengthens leadership team with partner promotion

A leading Cheshire law firm continues to go from strength to strength following the promotion of a new partner. Lauren Soutar becomes the sixth partner at Watsons Solicitors, joining Catrin Parry, Danny Hudson, Chris Illingworth, and Kristel Clarke in supporting managing partner Latham Parry. Ahead of marking her five-year anniversary later this year with the […]

Watsons Solicitors

Watsons Solicitors is a trading name of Watsons Solicitors Warrington LLP a Limited Liability Partnership registered in England and Wales registered number OC386012 whose registered office is 13 Bold Street, Warrington, WA1 1DJ.

Watsons Solicitors Warrington LLP is authorised and regulated by the Solicitors Regulation Authority number 598547.

Website managed by Outwrite PR, an online reputation management agency
envelope-oclock-ophonefax linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram