Article written by Atifha Aftab, Family Solicitor
With the school holidays having commenced for private schools and being around the corner for public schools, family solicitors often brace themselves for a seasonal spike in divorce enquiries.
It’s a well-established pattern: for couples whose relationship is already under strain, as disrupted routines over summer can push things to breaking point through the demands of extra childcare and cost-of-living pressures combined with more time spent together. But while separation can be emotionally fraught, recent changes to divorce law in England and Wales are helping couples to navigate this life stage more constructively. Since the introduction of the Divorce, Dissolution and Separation Act 2020, couples no longer need to assign blame to end their marriage.
That’s because the law now allows for no-fault divorce, meaning there’s no longer any requirement to prove wrongdoing such as adultery or unreasonable behaviour, or to wait for a prolonged separation. Instead, one or both parties can apply for divorce with a simple statement that the marriage has irretrievably broken down. This change has removed much of the tension from the process and created a more neutral framework for discussion, particularly where children are involved.
It’s a significant step forward. Divorce is already a challenging time. The previous system encouraged a blame game, which could inflame conflict unnecessarily. Now, we can help couples focus on finding solutions, especially where child arrangements or financial matters need to be resolved.
However, even in a no-fault environment, tensions can still run high – and one area that’s come under the spotlight is the use of covert recordings in family proceedings.
New guidance published by the Family Justice Council warns against secretly recording ex-partners or children as part of a custody dispute. While such recordings may be well-intentioned, the courts are cautious about privacy violations and the potential for recordings to mislead or cause emotional harm.
Covert recordings often backfire. They can undermine trust, damage your case, and even amount to harassment. If you have concerns, raise them through your mediator or lawyer for them to explore, not through a hidden smartphone mic.
Instead, we recommend a focus on clarity, openness and child-centred solutions which professionals believe is more achievable under the reformed divorce framework.
Whether the decision to divorce comes in the wake of a difficult summer or has been building for some time, early advice can make all the difference. With the right support, it’s possible to move on in a way that minimises conflict and protects everyone involved, especially children.
For more information or to discuss a family matter further, please feel free to email me or contact the team on 020 8858 6971.