Solicitors welcome public consultation of no-fault divorce

A much-anticipated public consultation on introducing the 'no-fault' divorce has been welcomed by solicitors and aims to reform legislation that is nearly half a century old. The Consultation is currently being prepared by the justice secretary, David Gauke. 

 

A partner and head of the family department at Lincoln's Inn firm Hunters Solicitors, Henry Hunter, said: 'Three cheers for David Gauke for starting a process that must surely deliver us from a divorce process that is not fit for our times.

 

We have been here before of course, and there will be resistance just as there was in 1996 which was able then to prevent any change even after reforming legislation had been passed. That cannot happen again…can it?'

 

The Family Law Act 1996 allowed for no-fault divorce provided couples had taken part in compulsory information meetings. However, the legislation was not commenced by the Labour government that took office in 1997.

 

Mark Harper, partner at Hughes Fowler Carruthers, said: 'This is a huge step forward towards more civilised and amicable divorce, ending the need to prove nasty allegations of behaviour.'

 

Christina Blacklaws, Law Society president said: 'Making couples attribute fault in order to end their marriage can escalate the differences between them in an already charged situation. So 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 forwarding to working with government to ensure the reforms are fit for purpose.'

 

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.

 

Demands for change have mounted after the Tini Owens case. The supreme court ruled in July that the 68-year-old could not divorce her husband and escape her loveless marriage until a period of five years had elapsed. She and her husband, Hugh Owens, had been living separate lives since 2015.

 

Responding to reports that the government intended to launch a consultation, Nigel Shepherd, a former chair of the family law organisation Resolution, said: "Today's news has the potential to be a landmark moment for divorce law in England and Wales. For far too long, couples have been forced into needless acrimony and conflict in order to satisfy an outdated legal requirement.

 

"Apportioning blame can lead to long-term damage to relationships between children and their parents, and can undermine attempts to resolve matters outside of an already overstretched court system.

 

"Since 1996, there have been 1.7 million people who have assigned blame in the divorce process. Many didn't have to, and every day that goes by sees that number grow.

 

"The government appears to have heeded our calls to make our divorce system fit for the modern age, and we will continue to push for this much-needed, overdue reform to be implemented as soon as possible."

 

If you require legal advice on a similar matter then contact our specialist divorce solicitors on 020 8297 4414.