No-Fault Divorce: A Step Forward for the LGBTQ Community

The introduction of the Divorce Dissolution and Separation Act 2020 on 6 April 2022 bringing in the long-awaited “no-fault divorce” is considered to be one of the most significant reforms of family law in many years. Although not widely commented on it also potentially signifies an important step for the LGBTQ community.

Prior to this reform parties seeking a divorce were required to convince a court that the marriage had irretrievably broken down. To do so they had to cite one of the five facts: i) unreasonable behaviour ii) adultery iii) desertion iv) 2 years’ separation with consent from the other party and v) 5 years’ separation without consent from the other party. It is extremely positive that the new law has removed the blame requirement. However the removal of these five facts is also significant in eradicating a discriminatory definition which has existed in the previous statute governing divorce law. Section 1(6) of the Matrimonial Causes Act 1973 stated that “only conduct between the respondent and a person of the opposite sex may constitute adultery for the purposes of...

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