Is there still a Blame Game? What’s the point of no-fault divorce if bad behaviour is still being alleged?

What is no fault divorce?

In April 2022 the law in relation to divorce (and civil partnership dissolution) in England & Wales underwent a major upheaval, and it is now the case that you do not need to give reasons, or lay blame, in order to get a divorce.

It allows couples to divorce more amicably if that is their wish.

What is the problem with no fault divorce?

The process has become easier and, in a lot of cases, it is quicker. In some situations this is a positive, but in others less so.

It doesn’t stop parties from making allegations of bad behaviour in other aspects of the divorce as explained below.

Another problem that is becoming more widespread is that couples are not taking legal advice and properly resolving their financial claims on divorce. That means that ex-spouses are coming back months down the line to make ‘new’ claims. It is vital to get the financial settlement drawn up by a family solicitor at the same time as applying for a divorce.

See our article on financial consent orders for more information.

If there is no fault, can my ex still bring up allegations of bad behaviour?

Yes, but only if it is relevant to the financial settlement or arrangements for your children.

Is adultery considered bad conduct in a divorce?

In the majority of cases, no. However, if there has been ‘wanton or reckless’ spending which is linked to an adulterous relationship then it may be considered by the court. The fact of an adulterous relationship on its own is very unlikely to effect the financial settlement.

How does the family court treat bad conduct in a divorce?

If there is bad behaviour by one party then this is something the court will consider, but personal conduct along the lines of the old divorce definition of ‘unreasonable behaviour’ or ‘adultery’ are very unlikely to establish a conduct argument.   

There is a threshold test for conduct which in essence reserves such arguments to the most extreme forms of bad behaviour. Examples are a failure to disclose hidden assets, reckless spending and attempted murder.

What are the consequences of making false allegations in divorce?

The court can impose cost sanctions on parties who pursue arguments which are either without merit or turn out to have no bearing on the outcome.