The End of The Blame Game!

11 Apr 2022 | Joanne Wescott

No-fault divorce will make divorce more amicable 

The divorce ‘blame game’ has been consigned to history and the long-awaited reforms to divorce law in England and Wales have arrived. Couples who have been planning to divorce can now rely on no-fault divorce to end their marriage without having to attribute blame.

The specialist team of divorce lawyers at Osbornes Law are experienced in supporting clients, both in London and the surrounding regions, to achieve a smooth, animosity-free divorce. If you or your spouse is domiciled here, the new law smooths the path to a non-confrontational and efficient divorce. Click here for more information about divorce.

Reducing conflict

Most couples want to divorce amicably so that they can get on with their lives. It makes an emotionally and financially challenging process quicker and less stressful if conflict can be minimised – or completely removed.

The key intention behind no-fault divorce is to remove the concept of ‘blame’ and allow the spouses simply to provide a legal statement that the marriage has irretrievably broken down.

No longer does the petitioner have to rely on the fact of adultery, unreasonable behaviour or desertion to persuade the court to grant them a divorce – deeply personal facts no longer need to be disclosed.

You also no longer need to wait until you have been separated for 2 years before you can divorce.

The new process allows the parties to focus their energies on addressing financial matters; and child arrangement orders. This will mean that couples should find it easier and quicker to reach an amicable financial settlement and agree living arrangements for the children: it’s a win-win for all.

Even if your ex wants to contest the divorce, the new process removes that option – which does away with the worry of potentially being forced to go to court to finalise the divorce.

Your ex may not be happy about it, but the new framework prescribes a 20-week period before you can obtain a conditional order of divorce (previously the ‘decree nisi’). This offers both parties an important time of reflection (or even the chance of potential reconciliation) which should help reduce any resistance or conflict.

You can even make a joint application for a divorce where you’ve both come to the conclusion that the marriage has ended and it’s not salvageable. This option may appear unnecessary, but we can see how the very fact of both parties jointly agreeing the marriage has broken down places the couple on an even keel from the start.

How can Osbornes Law help?

You may be wondering if you really need a specialist lawyer if the new divorce law will make it easier. However, the reforms have no impact on how financial and children matters are dealt with – and these issues still need to be negotiated and settled before the divorce is finalised.

The timing of applying for your divorce can also have financial implications, for instance, if you are considering an asset transfer between you, there could be tax consequences to consider.

We can advise you on the optimum time to make your divorce application, to lessen the stress of having to negotiate financial matters within a short timescale in order to beat a tax deadline. This in itself can trigger conflict – which we seek to avoid on behalf of our clients.

Joanne Wescott is a partner and senior divorce lawyer at Osbornes Law. To find out whether a no-fault divorce is right for you and your family, contact Joanne who will be happy to help. Joanne will talk you through the process and let you know how any financial negotiations and children arrangements work into the timeframe.

Joanne is recommended by Legal 500 as a leading lawyer in London and specialises in divorce matters. 

Joanne recently spoke to Solicitors Journal with regards to no-fault divorce. The full article can be found here

Share this article


Speak To Joanne Today

For a free initial conversation call 0207 485 8811

Email us Send us an email and we’ll get back to you

    • "A great team comfortably able to take on big-money, complex cases. Well led, enthusiastic, and with great judgement from top to bottom. Jo Wescott is top notch and widely recognised as a rising star throughout the profession. She brings a winning combination of great judgement, an immense work ethic, and a relaxed and charming way with opponents and clients alike. Someone you want on your side"

      Legal 500 2021

    • "It offers a good range of choices for finance work. Joanne Wescott will go far."

      Legal 500 2021

    • "Jo Wescott is top notch and widely recognised as a rising star throughout the profession. She brings a winning combination of great judgement, an immense work ethic, and a relaxed and charming way with opponents and clients alike. Someone you want on your side”

      Legal 500 2021

    • "Joanne Wescott is a very approachable and sensible opponent."

      Legal 500 2019

    Related InsightsVIEW ALL

    1. couple holding hands

      Are trusts protected from divorce?

      Can trusts protect an inheritance from your spouse? A trust is a separate legal entity. Neither spouse owns its assets. ...

      Read more
    2. cube cafe camden

      Is a limited company protected from divorce?

      Is my spouse entitled to half of my business? If you are involved in running a limited company, then it...

      Read more
    3. man looking out

      How is a pension split in a divorce?

      Pensions and Divorce In a divorce, pensions are taken into account together with all other financial assets. Once all assets...

      Read more
    4. Camden house red door

      Who gets the house in a divorce?

      How is a house divided in a UK divorce? For most people contemplating divorce, one of the main concerns will...

      Read more
    5. 8.12.2022

      The courts approach to costs in financial proceedings...

      WC V HC – a recent costs case in financial proceedings on divorce The recent case of WC v HC [2022] EWFC 40...

      Read more
    6. 7.12.2022

      Judge ignores pre-nuptial agreement but factors in non-matrimonial...

      Case Law One of the reasons I am still passionate about family law, after 20 years in the field, is that...

      Read more
    7. 6.10.2022

      How to set aside an order in financial...

      My ex-spouse didn’t tell the truth about their finances when we divorced, can anything be done? Can the financial...

      Read more
    8. 30.8.2022

      What are the rules on pension sharing?

      Pensions are one of the biggest assets of a marriage, yet many people are uncertain about whether they are entitled...

      Read more
    9. 30.8.2022

      What is a transfer of equity?

      Transfer of equity in divorce Transfer of equity refers to the process of transferring part or all of a property...

      Read more
    10. 30.8.2022

      5 ways to avoid Court during a divorce

      In 2020, there were 103,592 divorces granted in England and Wales (ONS statistics). The Rt Hon Sir Andrew McFarlane, who is President...

      Read more
    11. 22.8.2022

      Proposed Capital Gains Tax Rule Changes Could Reduce...

      The government has proposed a number of changes to the capital gains tax (CGT) rules which, if enacted, will come...

      Read more
    12. 1.8.2022

      Couples struggling to agree divorce settlements amid cost...

      The cost of living crisis and uncertainty about future mortgage rates are scuppering divorce negotiations as couples fear reaching financial...

      Read more
    13. 30.7.2022

      Elon Musk affair rumours highlight the many benefits...

      Elon Musk hit the headlines recently, denying rumours that he had an affair with the wife of Google cofounder Sergey...

      Read more
    14. 6.5.2022

      My ex has cut me off during divorce

      Unfortunately, it is far too common that when a client says it’s over, their spouse with the “purse strings”...

      Read more
    15. 6.5.2022

      How the Court views loans from parents during...

      Getting a loan during a divorce A frequent issue in financial divorce cases is a loan from a spouse’s...

      Read more
    16. mesher order house

      Mesher Orders Explained

      What is a Mesher order? A Mesher Order allows the sale of the family home to be postponed in a...

      Read more
    17. 11.4.2022

      The End of The Blame Game!

      No-fault divorce will make divorce more amicable  The divorce ‘blame game’ has been consigned to history and the long-awaited reforms...

      Read more
    18. 11.4.2022

      Divorcing couples reaching financial settlement through Private FDR

      The Runaway Advantages of the Private FDR Our specialist lawyers are keen to ensure our divorcing clients achieve cost-effective outcomes...

      Read more
    19. 31.3.2022

      10 Interesting Facts About Same Sex Marriage and Divorce

      Eight years after same-sex marriage was written into law, we’re taking a look at these major life events by...

      Read more
    20. 31.3.2022

      No-Fault Divorce Has Arrived!

      Have you heard that breakup rates were exploding during the pandemic? New data from the Office for National Statistics (ONS)...

      Read more
    21. 8.3.2022

      Unmarried fathers and parental responsibilities

      The 1st December 2021 marked the 18th anniversary of the amendment to the Adoption and Children Act 2002 which gave unmarried fathers...

      Read more
    22. signing contract

      Decree Nisi

      In England and Wales, there are three key stages to the divorce process:  The Divorce Petition The Decree Nisi The...

      Read more
    23. 28.2.2022

      Divorce applications shut down from 31 March 2022

      From last year all divorce petitions in England and Wales were to be submitted to the court using the court...

      Read more
    24. family in poppy field

      6 cases that shape a private children dispute

      Family disputes involving children can be particularly emotive, which is why our expert children lawyers work tirelessly to understand how...

      Read more