Bringing the law of divorce into the 21st Century

On 13^th October 2015, there will be a ten minute motion on the case for introducing no fault divorce which will be debated in the House of Commons. This motion has been brought by Conservative MP Richard Bacon. Resolution – First for Family Law, the National Organisation of Family Lawyers committed to non confrontational divorce, separation and other family problems has lent its support for the debate.

So what is the current legal position regarding divorce in this country?

Well, to obtain a Divorce in England and Wales you need to demonstrate that the marriage has broken down irretrievably. However to do this you need to rely on one or more of five facts or situations. These are:

1. Adultery;

2. Unreasonable behaviour;

3. Desertion for a period of 2 years;

4. Two years separation with consent;

5. Five years separation

It should be clear from the above that unless a spouse is willing to wait for at least two years from the date of the separation then he or she must issue a divorce petition which is either based on adultery or alleging unreasonable behaviour as a reason for the breakdown of the marriage. In both of these cases it is necessary to “sling mud” at the other party as the allegations are fault based.

Lord Hale, Britain’s most senior female Judge, has recently recommended that blame should be taken out of the process and there are many who share the view of this senior Judge.

When two adults have come to a conclusion that a divorce is the only option then this ought to be sufficient to satisfy a court. As everyone who has been involved in a divorce knows, separation can be an extremely distressing process so why increase the stress by insisting on one of the parties blaming the other in a divorce petition?

There are many who feel strongly that the divorce law is out of date and ought to be brought into the 21^st century as “no fault divorce” needs to become the standard means for couples to separate rather than proving that one party is responsible for the breakdown of the marriage. The law clearly needs to be changed and the motion merits support.

For advice and support on family law please contact our specialist family lawyer team on 011 3 320 5000 or by email @email.