Has the divorce procedure become less acrimonious?
In April 2022, the UK introduced a no-fault divorce system under the Divorce, Dissolution and Separation Act 2020. The change marked a significant shift in family law, allowing couples to divorce without apportioning blame and instead simply stating that the marriage has irretrievably broken down.
The central aim of the new system is to reduce conflict. Under the previous fault-based regime, many divorces began with accusations that set a hostile tone, often spilling over into financial and child arrangements disputes. By removing the need to blame each other, the reform is intended to promote a more constructive, forward-looking process, especially where children are involved.
In my experience the changes to the divorce system and the introduction of the digital process have been largely positive, and I have noticed within my own cases improvements have included:
However, although many users report greater satisfaction with the current divorce process, some feel the change may oversimplify the reality of emotionally complex separations and that the process is now too administrative, lacking the acknowledgment of harm.
While streamlining is a positive step, some users may decide not to seek legal advice, be unaware of what a fair settlement would be in relation to financial matters and child arrangements, and in some cases may not realise without having a financial order financial claims can still be made following a divorce.
There is a digital divide, access to technology and digital literacy remains a barrier for some. There is also a concern by removing the requirement for blame and simplifying the process encourages people to divorce who may have previously attempted to resolve their differences.
Mediation
One of the most significant developments since the reform has been the growing role of mediation in family disputes. Mediation is now playing a central part in helping families reach agreements on finances and childcare, often more quickly and cost-effectively than through court proceedings.
Out of court dispute resolutions must now be considered before either party can issue a court application for a financial order or an order relating to arrangements for a child of the family. Family mediation provides a confidential, neutral setting where couples can resolve financial and parenting issues collaboratively. It is particularly encouraged in disputes involving children, where ongoing cooperation between parents is essential to promote the welfare of children. There is funding available for mediation services in some cases to encourage uptake.
Courts continue to urge couples to consider mediation before litigation. Not only do the courts consider whether mediation is appropriate the first time the parties appear before the court, it is now a consideration at each court appointment.
Conclusion
The no fault digital procedure represents a major step forward in modernising family law and appears to be achieving its goal of reducing bitterness following separations. Mediation complements this by offering a non-adversarial space for resolving disputes, helping families transition more smoothly into post-divorce life. As cultural attitudes and legal frameworks continue to evolve, the emphasis is clearly shifting from blame to resolution.
