No Fault Divorce to become the Law

No fault divorce for separating couples are going to be introduced into the law.

In the next session in parliament the justice secretary David Gauke has confirmed he will bring in the legislation enacting the reform.  This will mean that couples wanting to separate won’t have to wait for years or allocate blame for the breakdown of their relationship.

Under the Matrimonial Causes Act 1973 (England and Wales), anyone looking to divorce must prove that their partner is at fault through adultery, desertion or unreasonable behaviour, or if they both agree, they can part two years after separation.  Without evidence of fault or consent couples have to wait for five years after they have lived apart.

“No fault divorce has been a long time coming, says Lucinda McWatt, Family Solicitor for Pearson Solicitors and Financial Advisers.  “The current ruling has become old fashioned.  By arranging an amicable divorce spares separating couples from a lot of heart ache and emotional stress.  In cases where the couple still need co parent their children it encourages respect and dignity afterwards too.”

Resolution have been campaigning for this for years.  Demands increased after the Tini Owens case in July 2018 when the Supreme Court ruled that she couldn’t divorce her husband until 5 years had passed and that she had been living apart from her husband for all that time.

If you need advice on separation or divorce matters contact our Family Team on 0161 785 3500.

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Please note that the information and opinions contained in this article are not intended to be comprehensive, nor to provide legal advice. No responsibility for its accuracy or correctness is assumed by Pearson Solicitors and Financial Advisers Ltd or any of its members or employees. Professional legal advice should be obtained before taking, or refraining from taking, any action as a result of this article.

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