No- Fault Divorce - soon to become law

9th June 2020

 

No-Fault Divorce - soon to become law 

The Divorce, Dissolution and Separation Bill (which provides for “no-fault divorce”) passed the second reading in the Commons last night.

Current law requires spouses to evidence at least one of five 'facts': adultery, behaviour, desertion, two years' separation (if the other spouse consents to the divorce), or five years' separation (if the other spouse disagrees). The bill will replace the requirement to evidence conduct or separation 'fact' with the provision of a statement of irretrievable breakdown. The possibility of contesting the decision to divorce will be removed. The court will be able to make a conditional order after 20 weeks has passed from the start of proceedings.

Some argue that “couples experiencing marital difficulties in the coronavirus crisis may be more likely to bail out following the introduction of no-fault divorce, under the impression that divorce is being made easier. Some of those marriages may well be saveable.”

Others say that “This is not about blame or guilt; it is about acknowledging the fact that the causes of divorce are very complex and will evolve often over a long period of time… Indeed, the limitations of the court process are not particularly well understood by the public. Under existing law, the legal fact that many people choose as their route to divorce bears little resemblance to the reality of why a marriage has broken down.”

In my opinion, the change in the law does not create a “quickie divorce“ but what it does do is to allow adults to end unhealthy and unhappy marriages, which were not working, in a peaceful and constructive end for the benefit of the whole family, especially the children without having to enter into a painful round of the blame game.

I do not believe that people take the decision to divorce lightly, regardless of the legal procedure involved. They only go ahead with divorce when they are certain that the marriage has irretrievably broken down, and all avenues aimed at repairing it have already been explored and this is something I spend quite some time discussing in any initial consultation. I never assume someone wants a divorce when they consult me for a chat. I assume they want information in order to make an informed decision about their future whether that is to stay or go

If you are considering a divorce and would like more information about your options let's organise a coffee and a chat

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