It has been announced that changes to divorce laws in England and Wales will be introduced to enable couples to separate quicker, and with less acrimony.
The proposed legislation, which will introduce no-fault divorces, will come before parliament as soon as time becomes available, Justice Secretary David Gauke has revealed. The changes would create a minimum six-month timeframe to allow couples to “reflect” on their decision to split, as well as abolishing the ability of one party to contest a divorce.
What are the current rules on divorce?
Under the existing rules, contained in the Matrimonial Causes Act 1973, there are a limited set of grounds for divorce which require an applicant to prove that their partner is at fault due to adultery, desertion or unreasonable behaviour. Alternatively, a divorce can be sought after two years of separation if both spouses agree to the divorce.
These rules have led to substantial levels of criticism, with some suggesting that they are driven by unnecessary conflict with one party being required to blame the other to avoid waiting years before obtaining a decree for divorce. The new legislation, which is based on the results of public consultation, would extend the current grounds for divorce while retaining the concept of “irretrievable breakdown”.
The new legislation will be introduced "as soon as parliamentary time allows", the Ministry of Justice has stated, with plans to remove the need to show adultery, desertion or unreasonable behaviour and replace this with a requirement for a statement of irretrievable breakdown. The current two-stage process known as decree nisi and decree absolute would be preserved, with an option for a joint application for divorce being introduced as well.
What has led to these proposed changes?
The government’s new bill would remove the power of one spouse to defend the application for divorce. This follows media publicity following the case of Tini Owens, whose application to divorce her husband was rejected last year. Mrs Owens’ case had ended up before the Supreme Court, who decided that she could not divorce her husband for a period of five years as her husband was defending the application. Mr and Mrs Owens had been living separately since 2015.
Time for reform
Mr Gauke, announcing the changes, said: “Hostility and conflict between parents leave their mark on children and can damage their life chances.
“While we will always uphold the institution of marriage, it cannot be right that our outdated law creates or increases conflict between divorcing couples. So I have listened to calls for reform and firmly believe now is the right time to end this unnecessary blame game for good.”
Aidan Jones from the relationship support charity Relate, said: “This much-needed change to the law is good news for divorcing couples and particularly for any children involved. The outdated fault-based divorce system led parting couples to apportion blame, often resulting in increased animosity and making it harder for ex-partners to develop positive relationships as co-parents.
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