The term, “No-Fault” means that it doesn’t matter which spouse was responsible for the marriage breakdown. In order for a divorce to be granted, it simply needs to be stated that there was a breakdown. No reason need be given.
But a spouse’s past conduct–or “fault”–is often a relevant consideration in divorce proceedings. This is true, for example, in the court’s determination as to how marital property should be divided. The court must allocate marital assets and debts in a way that is just and reasonable. In doing so, it will consider many factors in the history of the marriage, including the parties’ past relations and conduct.
It is also a consideration in determining whether spousal support should be paid and, if, so, the amount. Factors in making this determination are similar to the ones relevant to the question of property distribution. Specifically, courts are advised to consider a party’s fault in causing the divorce.