Landmark reforms introducing no-fault divorce come into force today across England and Wales.

The Divorce, Dissolution and Separation Act (2020), represents the biggest shake up in divorce law for more than half a century. It ends completely the need for separating couples to apportion blame for the breakdown of their marriage.

Previously, one spouse was forced to make accusations about the other’s conduct, such as ‘unreasonable behaviour’ or adultery, or face years of separation before a divorce could be granted.

This was regardless of whether a couple had made a mutual decision to separate.

A spouse, or a couple jointly, can now apply for divorce by stating their marriage has broken down irretrievably.

The government says this “stops one partner from vindictively contesting a divorce and locking their spouse into an unhappy marriage”. In some cases, domestic abusers can use their ability to challenge the process to further harm their victims or to trap them in the relationship. The government argues that these reforms will put an end to this behaviour.

The Act also introduces a new minimum timeframe of 20 weeks between the start of proceedings and when individuals may apply for a conditional order of divorce.

Justice secretary Dominic Raab said in light of today’s new framework: “The breakdown of a marriage can be agonising for all involved, especially children. We want to reduce the acrimony couples endure and end the anguish that children suffer.

“That’s why we are allowing couples to apply for divorce without having to prove fault, ending the blame game, where a marriage has broken down irretrievably, and enabling couples to move on with their lives without the bitter wrangling of an adversarial divorce process.

Juliet Harvey, national chair of the Resolution campaign group said: “This historic change will mean the end of the blame game for divorcing couples, removing the outdated and unnecessary need for them to find fault with their ex on the divorce petition.

“Our members help couples facing separation and divorce to minimise conflict and find constructive, lasting solutions, putting the best interests of any children first. For years, the previous divorce law made this more difficult, with the need to apportion blame often introducing or exacerbating conflict unnecessarily – this ends today.

“After more than 30 years of campaigning by our members, we are delighted to see this reform finally come to pass, which will result in a kinder, less adversarial divorce process in England and Wales.”