"No Fault" Divorce proposals

The UK government is to launch a consultation on no-fault divorces. A public debate on proposals to modernise antiquated legislation which has been unchanged for the past 50 years, is expected to pave the way for couples to obtain a divorce faster and with less acrimony. Such a consultation would effectively introduce “no-fault divorces”, something which has been campaigned for, for some time and which is wholeheartedly supported by the Family Team at Pearson Hards.

Under current legislation in England and Wales, anyone seeking a divorce must either prove their partner is at fault through adultery, desertion or unreasonable behaviour. Alternatively, if both parties agree, they can divorce after 2 years of separation. In cases where consent is not provided, petitioners who have no evidence of fault must wait for 5 years until they can petition for a divorce and effectively move forward.

Essentially under the government’s proposals, the concept of blame or fault could be removed from the process entirely. Attributing blame to one party in an already stressful process, intensifies conflict, pain and suffering between parties. Furthermore, the blame will only have an effect on the finances and children matters in very exceptional circumstances and therefore has no other impact or relevant to the rest of the proceedings.

It is thought that the government will seek to propose following a defined period, that if one spouse still maintains that the marriage has broken down irretrievably, they will become entitled to a divorce. It is hoped that such much needed reform will make divorce laws fit for modern times. The Family Team at Pearson Hards welcome this proposed change and hope that by removing the blame, the remainder of the proceedings will continue in a more constructive and less confrontational way.

If you have any questions about how to protect your family now or in the future, please contact our dedicated family law team Emma Rothstein Partner or Sarah Houston Solicitor, for a discrete and confidential meeting. Both Emma and Sarah are members of Resolution, a group of Family Lawyers committed to dealing with family breakdown which encourage solutions that consider the needs of the whole family, in particular the children.

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