By Alison Green, Head of Family & Relationship Team at Mackrell.Solicitors

The introduction of the no-fault divorce more than two years ago marked a significant turning point in family law.

By removing the need to assign blame, the reform was intended to ease the emotional toll of divorce and encourage a more amicable approach to the legal process.

While the new law has undoubtedly made the divorce process smoother for many, greater questions have emerged about how it affects financial remedies and whether it truly helps couples achieve a clean financial break.

As Head of the Family and Relationship Team at Mackrell.Solicitors, I have seen both the positive impact of this legislation and the continued challenges couples face when resolving financial disputes.

So, let us explore how no-fault divorce has shaped financial remedies and the obstacles families still encounter as they navigate the financial implications of divorce.

Reduced conflict but lingering financial challenges

One of the primary benefits of the no-fault divorce is that it has helped reduce the conflict between spouses by eliminating the need to assign blame for the breakdown of the marriage.

Under the previous system, couples had to cite one of five grounds such as adultery or unreasonable behaviour to proceed with a divorce immediately, which could aggravate tensions. The alternative was a long and painful wait of up to five years.

With no-fault divorce, couples can now part ways without having to prove fault, and even apply for a divorce jointly.

What is more, an application for divorce does not require the other party to agree, preventing partners from blocking an application.

This shift has had a significant emotional impact, reducing the animosity between parties, and making it easier to discuss sensitive matters like finances and child arrangements.

However, while the new law has helped foster a more collaborative environment, it has not completely solved the financial challenges that many couples face.

Divorcing couples still need to reach an agreement on how to divide their assets and debts, and this is now often one of the most contentious aspects of the separation.

Even in the absence of blame, financial remedies remain complex. Couples must still negotiate over significant assets, including property, pensions, and investments, and these conversations can become fraught when one party feels they are not receiving a fair share.

The reduced conflict from no-fault divorce can help facilitate these discussions, but it does not guarantee that financial disputes will be easily resolved.

The risk of overlooking long-term financial needs

One of the concerns I have observed with no-fault divorce is that the simplified process can sometimes lead couples to focus solely on the immediate issues.

This might include securing their home or managing day-to-day expenses, without fully considering their long-term financial needs.

While the divorce itself may be more straightforward, financial remedies can become an afterthought, particularly when the emotional intensity of blame is no longer a factor.

For example, pension sharing is one area that is often overlooked in the rush to finalise the divorce.

Pensions can be one of the most valuable assets a couple owns, and yet many spouses – particularly women – fail to secure a fair share of the pension pot during the divorce.

By the time the final order is issued, the focus is often on the family home, with less attention paid to pensions or other long-term financial security. As a result, many more people are exposing themselves to hardship later in life without meaning to do so.

In my experience, I have seen several cases where one party moves through the no-fault divorce process so quickly, that they only realise later that they have not addressed crucial financial issues like pension sharing orders or maintenance agreements.

This can leave one party at a significant disadvantage, especially if they have sacrificed career progression to support the family, or if they are not fully aware of their entitlement to certain assets.

Achieving a clean break: The importance of financial consent orders

The separation of assets and funds is the clean break that many couples aspire to when going through divorce.

They want to achieve a final settlement that allows them to move on with their lives independently and without any further financial ties, beyond any expected maintenance payments.

However, achieving a clean break can be challenging, especially if financial disputes are not properly addressed during the divorce process.

No-fault divorce legally ends the marriage, but it does not automatically settle the financial matters.

For this reason, it is essential that divorcing couples secure a financial consent order—a legally binding agreement that sets out the terms of the financial settlement.

Without this consent order, financial claims can remain open, allowing either spouse to make a financial claim against the other in the future, even years after the divorce.

This is where legal advice becomes critical. At Mackrell.Solicitors, we always recommend that our clients seek professional guidance as early as possible to ensure that their financial settlement is fair, comprehensive, and legally binding.

While the no-fault process encourages a more amicable divorce, it also places greater responsibility on individuals to ensure that they have fully considered their financial rights and obligations.

Failing to do so could result in future financial disputes or leave one party struggling to meet their financial needs post-divorce.

The role of mediation

With the potential for conflict reduced by no-fault divorce, mediation can provide an invaluable tool for resolving financial disputes.

It is recommended root by the courts, as it allows both parties to work with a neutral third party to discuss their financial situation and come to an agreement that suits both sides.

The process is far less adversarial than litigation and often results in a more satisfactory outcome for both parties, where they both have good legal advice.

In cases where mediation is not successful, it may be necessary to pursue financial remedy proceedings through the courts.

While this can be a more formal and costly process, it ensures that the financial settlement is comprehensive and legally enforceable.

For many clients, this offers peace of mind, particularly in cases where there are complex assets such as business interests, international property, or significant pensions.

The importance of early legal advice

While the no-fault divorce has undoubtedly eased some of the emotional challenges of divorce, it has led to many making rushed decisions surrounding their separation.

Any party considering divorce must make sure that they have properly considered their financial future and taken independent legal advice.

Also, whilst the divorce process is more amicable, financial disputes can still arise. So, securing a financial consent order is critical to achieving a clean break.

Overall, the process may be smoother, but without proper legal advice, individuals risk overlooking important issues that could affect their long-term security.

At Mackrell.Solicitors, we work closely with our clients to ensure that their financial settlement is comprehensive and fair so that their future financial needs are protected.

Whether through mediation or court proceedings, we guide our clients every step of the way to achieve a clean break and a fresh start.

To find out more about our award-winning family law services, please call Alison Green on  0207 240 0521or email alison.green@mackrell.com

Share