Insights

No-fault divorce is on the cards

The Matrimonial Causes Act 1973 sets out the procedure for a party applying for a divorce. Under the current law, a party wishing to divorce must show that their marriage has broken down irretrievably by relying on one of five facts being adultery, unreasonable behaviour, desertion, 2 years separation (with consent) or 5 years separation (where consent is not required).

 

Under the present laws, if a party seeks to divorce without having to wait for 2 or 5 years, they must prove that their husband/wife is at fault. As a rule, when drafting a divorce application our family lawyers will be as neutral as possible. However, the required blame aspect of an application can cause acrimony which could be avoided if fault were not required.

 

Justice Secretary, David Gauke, has now confirmed that he intends to introduce new laws to remove the need for the blame game between separating couples. Mr Gauke hopes to bring in the legislation enacting the reform in the next session of parliament.

 

No fault divorce is certainly the way forward as it will help some couples to divorce without further acrimony.

Although correct at the time of publication, the contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article. Please contact us for the latest legal position.