April 2022 marked one of the biggest shake-ups in English divorce law in 50 years. The Divorce, Dissolution and Separation Act 2020 came into force, introducing the concept of no-fault divorce. For couples in England and Wales, this means neither spouse has to prove the other did anything wrong to end the marriage. Crucially, this reform has significant implications for those escaping domestic abuse. Research from other countries shows that introducing no-fault divorce can literally save lives, one study found it coincided with roughly a 30% drop in domestic violence rates and an 8–16% reduction in women’s suicide rates after no-fault laws were enacted now.org. In a country where 1 in 4 women will experience domestic abuse in her lifetime refuge.org.uk and leaving an abusive partner often requires multiple attempts (an average of seven tries before a woman leaves for good refuge.org.uk), a simpler, conflict-free divorce process offers a vital lifeline. This article explains what no-fault divorce is under current (2025) English law, how it helps domestic abuse survivors and what support and advice is available to those in need.
What is a No-Fault Divorce?
A no-fault divorce allows a married couple to end their marriage without assigning blame or citing specific wrongdoing by either party. Under the new law (in force since April 2022 in England and Wales), a spouse or couple simply provides a legal statement that the marriage has irretrievably broken down – no need to list infidelities, “unreasonable behaviour”, or any other fault-based reasons that were required in the past. There is also no opportunity for the other spouse to contest the divorce, except on limited technical grounds. In practice, this modernised process replaces the old system that forced one partner to accuse the other of something (like adultery or abuse) or else endure a long separation before a divorce could be granted. The change was partly inspired by the high-profile case of Owens v Owens (2018), where a woman’s divorce was denied because she couldn’t prove severe enough “unreasonable behaviour” by her husband, leaving her trapped in the marriage until a five-year separation period elapsed. Such cases exposed how outdated and unfair the old fault-based rules were, especially in situations of abuse that could not easily be quantified as evidence. Now, thanks to no-fault divorce, anyone can initiate a divorce without having to air private wrongs in court or prove “fault”, a change that family advocates had long pushed for (in fact, 83% of Citizens Advice advisers surveyed believed a no-fault option would improve people’s divorce experience wearecitizensadvice.org.ukin 2017).
Under the current process, there is a minimum timeframe of about eight to nine months from start to finish, including a 20-week reflection period after the application (now called a “divorce application” rather than a petition) and a further six-week gap between the interim Conditional Order and the Final Order (formerly Decree Nisi and Decree Absolute). This built-in delay is intended to give couples time to reflect or sort out arrangements, but importantly for abuse victims, the abusive spouse can no longer use legal delay tactics to hold up the divorce. Once the application is made, a Final Order will eventually be granted. In 75% of new divorce cases one spouse applies alone (rather than jointly) lawsociety.org.uk, a statistic that likely includes many survivors taking the step to leave on their own terms. No-fault divorce ensures they cannot be dragged into a prolonged courtroom battle over the divorce itself – the focus can instead shift to practical arrangements like children and finances, hopefully reducing some conflict along the way.
A Lifeline for Victims of Domestic Abuse
For victims of domestic abuse, the move to no-fault divorce has been particularly impactful. In the past, survivors seeking a divorce faced a cruel dilemma: either cite the abuse in detail as the “grounds” for divorce or stay legally bound to their abuser until a long separation period passed. Listing incidents of domestic violence or coercive control in a divorce petition was not only traumatising, but it could also escalate the risk. Confronting an abuser with blame, on paper or in court, often provoked anger and retaliation, putting the victim in greater danger during an already perilous time. (It is well documented that the period surrounding a breakup is one of the most dangerous for abuse victims, leaving an abuser is when they feel a loss of control and may become more violent. In Canada it was reported that many domestic homicides occur when or soon after a victim tries to end the relationship bwss.org.) The old divorce law effectively poured fuel on the fire by requiring a formal accusation. As Women’s Aid data shows, domestic abuse is not always physical or easily “proven” – 85.5% of survivors supported by services reported suffering emotional abuse and 64.4% had experienced controlling behaviours by their partner womensaid.org.uk. These forms of abuse are insidious but were harder to cite as concrete “facts” in a fault-based divorce. The new system spares survivors from having to convince a court of the abuse at all.
“No-fault divorce has been a game-changer for many of my clients who are survivors of abuse,” says Antoinette Nasilele, a Solicitor in Waldrons Family Law team. “It removes the ordeal of having to publicly blame or provide graphic details of trauma just to end the marriage. My clients can focus on their safety and recovery, instead of fear of how their abuser will react in court. In my experience, the ability to initiate divorce without confrontation gives survivors more control and peace of mind at a critical time.”
Antoinette Nasilele is a qualified family law solicitor at Waldrons Solicitors. She has extensive experience helping clients navigate divorce and child arrangements, and is known for her empathetic, client-focused approach.
Under no-fault divorce, victims of domestic abuse can file for divorce unilaterally, without their abuser’s cooperation, and without having to recount abuse in a legal document. This significantly reduces the opportunities for an abusive partner to retaliate or refute the allegations to save face. Previously, if an abuser wanted to be obstructive, they could contest the divorce petition and drag the victim through a contested court hearing, as seen in the Owens case and a handful of other cases each year. That avenue is now closed. The abuser cannot stop the divorce. This alone is a monumental shift: it deprives controlling partners of one more mechanism to trap their victims. As a result, the overall process tends to be calmer and more straightforward. “It makes for less tension, less scope for dispute…and, ultimately, a safer environment,” noted a legal commentator when the law was introduced. Especially if the estranged couple must still communicate about children or are in the same home initially, removing the blame element helps diffuse some tension and keep things more civil. The new law has truly given victims a “lifeline”, enabling them to get out of the relationship as quickly and safely as possible.
Real-world evidence is encouraging. Frontline agencies anticipate that easier divorces will help more victims come forward. In fact, local support organisations are seeing increasing demand: Black Country Women’s Aid, for example, reports that it has recently dealt with its highest ever level of referrals for domestic abuse support blackcountrywomensaid.co.uk. Many survivors say that knowing they can end the marriage without a courtroom showdown has reduced their anxiety about taking that step. Of course, divorce is never an easy decision, but it no longer has to mean a court fight with your abuser, and that is a profound relief for those who have already suffered so much.
Ongoing Challenges and Support for Survivors
While no-fault divorce is a positive development, survivors of abuse still face many challenges when rebuilding their lives after leaving. One such challenge is achieving fair financial and child arrangements. Abuse does not always end when the marriage ends; economic abuse (where one partner controls or misuses family finances) and harassment can continue post-separation. A 2024 report by Resolution (the family justice professionals’ network) highlighted that 80% of family law professionals feel domestic abuse – particularly financial abuse – is not sufficiently taken into account in divorce financial proceedings resolution.org.uk. This can lead to unfair outcomes, as the lasting impacts of abuse (e.g. drained bank accounts, damaged credit, trauma affecting work) might not fully factor into settlements resolution.org.uk. Campaigners are calling for the courts to consider abuse more robustly when deciding financial and child contact arrangements, to ensure survivors are not disadvantaged for having endured abuse. The good news is that awareness is growing. The Domestic Abuse Act 2021 (another recent law) broadened the legal definition of abuse to include controlling and coercive behaviour and introduced measures to protect survivors in court – such as prohibiting abusers from cross-examining their victims in person. These developments, alongside no-fault divorce, show a trend toward a more compassionate legal framework. But there is still much to do to support survivors on the road to independence.
If you are a domestic abuse survivor considering divorce, remember you are not alone, and help is available. Reaching out for support is a brave first step. Specialist organisations across the UK can provide confidential advice, shelter, counselling and legal guidance. Consider contacting one of the following support services:
- National Domestic Abuse Helpline (Refuge) – 0808 2000 247 (free, 24/7). Trained female advisors offer support and can connect you to local services.
- Black Country Women’s Aid (BCWA) – 0121 553 0090 (Mon–Fri 9am–5pm) or 0121 552 6448 (24-hour). Provides refuge accommodation, community support, and advocacy for women, men and children in the West Midlands.
- Men’s Advice Line – 0808 801 0327 (Mon–Fri, times vary). Confidential helpline for male victims of domestic abuse.
- Galop LGBT+ Abuse Helpline – 0800 999 5428 (Mon–Fri, times vary). Support for LGBTQ+ individuals facing domestic abuse.
- Samaritans – 116 123 (free, 24/7). Emotional support if you are struggling to cope or feeling suicidal.
On the legal side, it is wise to consult a qualified family law solicitor about your options. They can explain how the no-fault divorce process works, help you plan the timing (especially if safety is an issue), and obtain protective injunctions if needed. Early advice can make a big difference – as the Law Society notes, many people are not aware of the new divorce process or that they might need to start divorce proceedings before other issues (like finances) can be resolved lawsociety.org.uk. A solicitor can guide you through each step with sensitivity. For instance, at Waldrons Solicitors our Family Law team is experienced in supporting survivors of domestic abuse through divorce and related matters, always prioritising client safety and well-being.
Ending an abusive marriage can be daunting, but the law is now more on your side. No-fault divorce removes unnecessary obstacles so you can focus on healing and a safer future. If you or someone you care about is in this situation, consider reaching out to the support services above or seeking advice from a family law professional. You deserve to live free from abuse, and there are people ready to help you. Stay safe and remember that leaving is a process but with the right help, it is possible.
