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What is the current divorce system? The current divorce system in England and Wales requires one spouse to initiate the process of filing for divorce and, in the process, make an accusation about the other’s conduct. They can choose from one of three reasons – adultery, unreasonable behaviour or desertion – but fundamentally the system is fault-based and requires evidence of guilt from one party. If the couple isn’t able to do so, they face two years of living apart in a ‘separation’ period before the marriage can be legally dissolved, even if the decision is mutual. And if one partner contests the divorce then this period has to be a minimum of five years before they’ll be considered eligible for divorce. And separation-based arrangements are effectively unavailable to those who cannot afford to run two households before resolving their financial arrangements post divorce. How will no-fault divorce change that? The new law will mean that instead of having to attribute blame for the breakdown of the .