No Fault Divorce Consultation

The government are preparing for a consultation on “no-fault divorces”, as a way to streamline the long and confrontational procedures couples face when they are separating. A public debate will be launched on proposals to modernise legislation which has remained the same for the past fifty years.

Under the Matrimonial Causes Act 1973 in England and Wales, anyone seeking a divorce must either prove their partner is at fault through adultery, desertion or unreasonable behaviour or, alternatively, if both sides agree, they can part after two years of separation. In the absence of consent or evidence of fault, applicants must wait until they have been living apart for five years. 

The above highlights more antagonism, apportioning blame can create longer term relationship difficulties where children are concerned and can have a profound effect on relationships between children and their parents. 

Christina Blacklaws, the president of the Law Society, said: “Making couples attribute fault in order to end their marriage can escalate the differences between them in an already charged situation. We welcome news the Ministry of Justice is to consult on proposals to update the divorce law.

“It’s time to bring this law into the 21st century to reflect the society we live in and we look forward to working with the government to ensure the reforms are fit for purpose.”

The above information was taken from The Guardian.

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