The Government has recently concluded a consultation on no-fault divorces which has resulted in the Justice Secretary announcing they will become law later this year.
The laws under which couples in England & Wales can get divorced were introduced back in 1973; under these in order to get divorced, partners would have to prove the other was at fault through either; adultery, desertion or unreasonable behaviour. Or if both parties agreed to the divorce, wait the designated period of 2 years before doing so. Where there was neither fault, nor consent, the couple would need to wait 5 years before proceeding.
The Government announced last year that it was looking to update legislation to move the focus from blame and recrimination to supporting adults in making better arrangements for their futures and their children’s futures.
As members of Resolution, encouraging the settlement of family disputes in a non-confrontation manner, we’re pleased to see these changes starting to take place. Forcing couples to apportion blame and waiting long periods typically causes stress and upset, not only for the divorcing couple but also their children/families.