It’s Nobody’s Fault

April 10, 2019 2:53 pm Published by

Justice Secretary David Gauke has this week announced reforms in Divorce Law in a bid to minimise family conflict, allowing parents to focus on their children and spouses to move on.

At present, divorcing couples have no choice but to play the ‘blame game’ if wanting to initiate proceedings straight away. Trying to establish a valid reason for the breakdown of their marriage can prove difficult, with the need to prove grounds of unreasonable behaviour, adultery or desertion. Currently, if unable to prove these grounds, couples can rely on 2 years separation with the consent of both parties. If ‘fault’ cannot be proved and there is not consent over the 2 years then couples have to wait 5 years before they can apply for a no fault divorce.

Gauke 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 While we will always uphold the institution of marriage, it cannot be right that our outdated law creates or increases conflict between divorcing couples.”

Why is ‘no fault’ divorce a positive change?

  • Disgruntled spouses will not be able to block a divorce.
  • Couples will not be forced to remain married.
  • This will keep conflict to a minimum as no blame necessary.
  • Focus can remain on the children and a smooth running divorce.
  • Will more than likely be amicable when discussing finances.
  • There is need for reform as society is ever changing.
  • Costs may be lower if tensions are lower.
  • Less contested divorces will ease the pressure on the currently stretched Courts.
  • A smoother process.
  • New Law will allow Couples to apply for divorce jointly.
  • There will be a minimum of 6 months between apply for a divorce and obtaining a divorce (Decree Absolute). This has been imposed by the government to give spouses a ‘reflection’ period.

The new Law will be introduced ‘as soon as parliamentary time allows’ and it can only be positive for our divorcing clients.

If you would like to contact us for a discussion without obligation please call our Family Law department on 01473 230033.

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This post was written by John Simpson