Do I Need a Reason to Get Divorced?
16th July, 2025
If you’re thinking about divorce, it’s important to understand how the process works legally.
Divorce used to be a difficult and often stressful process, sometimes involving lengthy legal battles. But recent changes have made things simpler and less confrontational.
Before April 2022, couples had to prove one of five specific reasons to apply for a divorce. This could include things like unreasonable behaviour, adultery, or living apart for a certain period with or without agreement. This system often made divorce complicated and emotionally taxing.
The flaws of the system were highlighted in a well-known case in 2018, Owens v Owens. Mrs Owens wanted a divorce due to her husband’s unreasonable behaviour, but the court initially denied her request, the judge describing her reasons for wanting a divorce as “exaggerated” and “flimsy”. Mrs Owens’ appeal at the Supreme Court was rejected due to the laws in place at the time, keeping her in an unhappy marriage until she was later able to apply for divorce after five-years of separation. The case showed how tough the old system could be.
Thankfully, in April 2022, divorce laws in the UK were updated for the first time in nearly 50 years. The main goal was to make the process less stressful and to reduce conflict. This is where ‘no-fault divorce’ comes in.
With no-fault divorce, you no longer need to assign blame or prove wrongdoing. Couples can now apply for divorce on the simple basis that their marriage has broken down. This helps keep things less adversarial and allows couples to focus on practical matters, like arrangements for children or financial agreements.
Historically, only one spouse could apply for a divorce. Under the new law, couples can jointly or individually apply for a divorce without attributing fault. This helps to ease the emotional toll of what is often an already difficult situation for people to navigate.
If a divorce was sought under the previous system on grounds of unreasonable behaviour or adultery causing an irretrievable breakdown of the marriage, but the conduct was not admitted, it was possible to contest the divorce. The new law limits these situations, making it much less likely that someone will feel stuck in a marriage they want to leave.
The idea that a marriage must have “irretrievably broken down” is still important, but now it’s more about acknowledging that the relationship can’t continue, rather than proving fault or dwelling on the past.
In short: you don’t need a specific reason to get divorced anymore, just the recognition that your marriage has come to an end.
Article originally featured in in G&J The Edit.
Please note that this briefing is designed to be informative, not advisory and represents our understanding of English law and practice as at the date indicated. We would always recommend that you should seek specific guidance on any particular legal issue.
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