Divorce reforms are going through Parliament

Back in April 2019 we wrote about the Government announcing divorce proposals to shake up the system and introduce a "no fault" divorce.  Now that the election is out of the way, they have put the legislation back on the agenda.  The Divorce, Separation and Dissolution Bill has moved swiftly through the House of Commons and this week has moved onto the House of Lords stage.  

The current system requires spouses to set the grounds on which they want to divorce which must fall into 1 of 5 categories – adultery, behaviour, desertion, two years’ separation (if the other spouse consents) or 5 years’ separation (if the other spouse disagrees).  The new law will mean that the categories will be replaced with a statement of irretrievable breakdown and the possibility of contesting the decision to divorce will also be removed.  It is hoped that the new law will make divorce less antagonistic by avoiding the need to attest some “blame” on a party. 

Justice secretary Robert Buckland said: 'The institution of marriage will always be vitally important, but we must never allow a situation where our laws exacerbate conflict and harm a child’s upbringing. By sparing individuals the need to play the blame game, we are stripping out the needless antagonism this creates so families can better move on with their lives.'

Our Emma Rothstein comments “a ‘no fault’ system is very much welcomed by most family law practitioners. The current system can be detrimental in maintaining civil relations between separated spouses, especially when children are involved. It is hoped that this Bill will reduce conflict and animosity and enable a more proactive and courteous way forward”.

If you need assistance with a divorce or financial provision following divorce then contact our expert Family lawyers on 0208 949 9500.