Justice secretary vows to end ‘unnecessary blame game’ in marital breakdown.
Under current rules, one spouse had to allege adultery or unreasonable behaviour by the other for divorce proceedings to start straight away. In future, they will only have to state that the marriage has broken down in a way that can not be put right, this will stop one partner refusing a divorce if the other would like one.
Changes to the existing divorce laws in England and Wales would establish a minimum six-month timeframe to enable couples to reflect on their decision.
David Gauke, who announced the change, said: “Hostility and conflict between parents leave their mark on children and can damage their life chances.
“While we will always uphold the institution of marriage, it cannot be right that our outdated law creates or increases conflict between divorcing couples. So I have listened to calls for reform and firmly believe now is the right time to end this unnecessary blame game for good.”
The Ministry of Justice said new legislations would be introduced as soon as parliamentary time allows. The need for evidence of adultery, desertion or unreasonable behaviour would be replaced by a requirement for a statement of breakdown.
The changes follow the Supreme Court’s rejection of a woman’s appeal for divorce after her husband’s refused to agree a split.
Aidan Jones, the chief executive of the relationship support charity Relate, said: “This much-needed change to the law is good news for divorcing couples and particularly for any children involved. The outdated fault-based divorce system led parting couples to apportion blame, often resulting in increased animosity and making it harder for ex-partners to develop positive relationships as co-parents.
“While divorce isn’t a decision that people tend to take lightly, we do support the extension of the minimum timeframe which will allow more time to reflect, give things another go if appropriate, and access support such as relationship counselling or mediation.”
Jo Edwards, the head of family law at Forsters LLP and a former chair of Resolution, said: “Divorce used to be perceived as an adversarial process, but increasingly couples wish to explore mediation and that is the focus of government policy.
“What this change will mean for separated couples is that they will no longer have to apportion blame for marriage breakdown (when it is rarely the fault of one spouse only), or else wait for at least two years of separation before they can have a divorce.”
The new legal framework would set a minimum time frame of six months, from the initial petition stage to the final decree absolute divorce stage.
In 2018, 118,000 people petitioned for a divorce in England and Wales.
