Are irreconcilable differences grounds for divorce?
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Lisa Pepper
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If you have searched for “irreconcilable differences”, you have probably heard the phrase used about a marriage that has broken down and want to know what it actually means. You may also be wondering whether irreconcilable differences are grounds for divorce in England and Wales.
The short answer is that there is no legal definition of irreconcilable differences here, and the phrase is not itself a ground for divorce. That does not leave you stuck, though. Since 6 April 2022 you no longer need to prove fault of any kind to end your marriage, so a couple who have simply grown apart can divorce without blaming anyone.
This article explains what the phrase means, why it has no legal status in this country, and how divorce actually works now under the no-fault system.
What does “irreconcilable differences” mean?
In everyday terms, irreconcilable differences means a couple can no longer resolve their disagreements and feel the marriage cannot continue. Those differences might be about money, how the children should be raised, lifestyle, or simply growing into different people over time. Left unresolved, they build resentment and make the relationship difficult to sustain.
The phrase is used far more widely in other countries, particularly in parts of the United States, where couples cite irreconcilable differences on their divorce papers as a neutral reason that avoids assigning blame. It is easy to see the appeal of a no-fault, no-finger-pointing label. In England and Wales, though, it is not a term our courts use, and you will not find it on a divorce application.
Are irreconcilable differences grounds for divorce in England and Wales?
No. You cannot get divorced “on the grounds of irreconcilable differences” in England and Wales, because the concept does not exist in our law. There is no legal test for it and no box to tick.
The good news is that you no longer need it. Under the no-fault divorce system, you do not have to give a specific reason or prove that anyone did anything wrong. So while “irreconcilable differences” is not a ground for divorce, the practical outcome people associate with it, ending a marriage amicably and without blame, is exactly what the current law allows.
What is the difference between irreconcilable differences and irretrievable breakdown?
This is where the confusion usually comes from. “Irreconcilable differences” is an informal, everyday phrase. “Irretrievable breakdown” is the actual legal test used in England and Wales.
To divorce here, you confirm that your marriage has broken down irretrievably. That single statement is all the court needs. You might privately describe the cause as irreconcilable differences, but legally it is the irretrievable breakdown of the marriage that matters, not the reason behind it. One is how people talk about their relationship. The other is the legal threshold for a divorce.
What reasons do you need for divorce now?
Very few. To obtain a divorce in England and Wales you only need to confirm that your marriage has broken down irretrievably. Under the Divorce, Dissolution and Separation Act 2020, which introduced no-fault divorce, that statement is the only thing the court requires.
You do not have to prove adultery, unreasonable behaviour, desertion or a period of separation. Those old requirements, often called the “five facts”, were abolished in April 2022. In almost every case your spouse cannot contest the divorce, and you can either apply on your own or, if you both agree, make a joint application.
Does your spouse’s behaviour still matter?
Until April 2022, many couples had to rely on “unreasonable behaviour” to divorce, setting out examples of their spouse’s conduct in the divorce papers. That requirement has gone. You no longer need to describe or prove anyone’s behaviour to end a marriage, which removes one of the most common sources of conflict at the very start of the process.
A spouse’s conduct can still be relevant in limited situations, mainly when the court divides the finances, but only in exceptional cases and in a very different way from the old behaviour-based divorce. If you are worried that your former partner’s actions should affect the outcome, one of our solicitors can tell you whether conduct is likely to make any practical difference in your circumstances.
How can you get an amicable divorce?
If you came to this article hoping that citing irreconcilable differences would give you an amicable route out of marriage, the no-fault process is designed to do exactly that. Because no one has to be blamed, it is far easier to keep things constructive from the outset.
An amicable divorce means you agree on what happens to the children, the property and the finances, as well as on how the divorce itself will proceed. Even after a difficult separation, that is still achievable, and it tends to be quicker and less expensive. It helps to focus on the outcome you want rather than getting drawn into smaller battles that have little bearing on the final result but can drag the process out and increase costs.
We can open a dialogue with your former spouse and their lawyer and try to reach an early agreement on the issues that matter most to you both. Depending on your circumstances, we may suggest a form of mediation to help, or you may already have settled many points directly.
Once an agreement is reached, we can make a financial settlement legally binding by having it approved by the court as a consent order. For the arrangements for your children, you may need a parenting plan or, if matters cannot be settled, a Child Arrangements Order from the court. We try to keep families out of court wherever possible, although, unlike financial matters, the court does not formally approve agreements about children.
How we can help
Our team of divorce lawyers in London advises clients on every aspect of divorce and financial separation, from straightforward no-fault applications to cases involving UK and overseas pensions. If you are outside London or based abroad, we offer video conferencing and a full online service so you stay up to date on your case and your options.
Lisa Pepper is a partner in our family law team specialising in divorce, finances and children matters, and is an accredited mediator. She is ranked as a leading lawyer in Chambers UK, Chambers HNW, The Legal 500, Spear’s and Tatler Advisory.
Call us on 020 7485 8811 or fill in the contact form below.
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FAQ
What does "irreconcilable differences" mean?
It means a couple can no longer resolve their disagreements and feel the marriage cannot continue. There is no legal definition of the term in England and Wales. It is an everyday phrase rather than a legal one.
Are irreconcilable differences grounds for divorce in England and Wales?
No. You cannot divorce “on the grounds of irreconcilable differences” here, because the concept is not part of our law. Since April 2022 you no longer need grounds at all, only a statement that the marriage has broken down irretrievably.
What is the difference between irreconcilable differences and irretrievable breakdown?
“Irreconcilable differences” is an informal way of describing why a relationship has ended. “Irretrievable breakdown” is the legal test in England and Wales. To divorce, you confirm that your marriage has broken down irretrievably, and you do not have to explain why.
Can irreconcilable differences be used to prove unreasonable behaviour?
This is no longer relevant. Until April 2022, some couples relied on unreasonable behaviour to divorce, but that requirement has been abolished. You no longer need to describe or prove any behaviour to end your marriage.
Is "irreconcilable differences" used on UK divorce papers?
No. A divorce application in England and Wales does not ask for a reason. You simply confirm that the marriage has broken down irretrievably, so there is no place to record irreconcilable differences or any other cause.
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