Claire and Peter had been married for 14 years when they mutually decided to separate in early 2023. Both were in their early forties, with two children aged 10 and 12, and they had grown apart over time but remained committed to maintaining a respectful relationship for their family's sake.
The challenge
Having witnessed friends go through acrimonious divorces under the previous fault-based system, Claire and Peter were concerned about the potential for conflict. They worried that attributing blame could poison their co-parenting relationship and create unnecessary stress for their children.
The solution
When they learned about the new no-fault divorce law introduced in April 2022, Claire and Peter decided to proceed with a joint application. This meant they could both apply for divorce together without having to cite fault or prove separation periods.
Neither party had to accuse the other of adultery, unreasonable behaviour, or desertion. This eliminated what Claire described as "the need to catalogue the worst moments of our marriage" and allowed them to focus on moving forward rather than dwelling on the past.
By working together on a single application, they shared the court fee and minimised solicitor costs. Their lawyers could focus on negotiating financial settlements and child arrangements rather than fighting over the grounds for divorce.
The streamlined process meant their divorce was finalised in just over six months, far quicker than Peter's brother's contested divorce had taken under the old system. The certainty of the timeline helped both parties plan their futures.
Their children never heard either parent speak negatively about the other in a legal context, and both Claire and Peter could tell them honestly that they had decided together that this was the right step.
The joint application felt like a respectful end to the marriage and life together, and even though it was ending, Claire and Peter could acknowledge that without turning each other into villains.
Outcome for our clients
Claire and Peter successfully divorced and established a cooperative co-parenting arrangement. They continue to attend school events together and have maintained family traditions, such as joint birthday celebrations for their children. Both credit the joint application process with setting a constructive tone that has benefited their entire family.
For couples who can communicate and agree that their marriage has irretrievably broken down, the joint application under the 2022 Divorce, Dissolution and Separation Act offers a dignified, cost-effective alternative that prioritises moving forward over assigning blame.
