The hidden risks in modern break-ups

Whether a couple is quietly considering separation, navigating the practicalities of a split, or already completing paperwork online, modern relationship breakdown is more complex than it once was.

Is modern divorce more complicated?

• Since the introduction of no-fault divorce in 2022, couples ending a marriage or civil partnership can apply jointly or individually without assigning blame. The process is intended to be accessible, with clearer language such as ‘final order’ replacing ‘decree absolute’.
• The final order simply ends the marriage, and financial arrangements must still be dealt with separately, usually through a consent order approved by the court.
• Despite widespread belief in the so-called ‘common-law marriage’, cohabiting partners do not have the same rights as spouses, no matter how long they have lived together or whether they have children. On separation, there is no automatic entitlement to share assets, claim maintenance, or remain in the family home unless it is legally held in their name.