Under the law as it currently stands in England and Wales if somebody wants to separate from their spouse they either need to allege unreasonable behaviour, adultery or desertion. Alternatively they can wait for 2 years and divorce their spouse by consent. If their spouse does not consent and they do not want to blame the other party for the marriage breakdown, they would be forced to wait 5 years.
Debate around the need for a “no fault” divorce is not something new but the case of Owens & Owens in 2018 has brought a new emphasis for change and re-ignited the long standing debate.
In March 2019, Theresa May’s government announced that they intend to change the law so that couples can divorce without either party being blamed. This would effectively bring the law on divorce into the 21st century and recognises the fact that not all divorces are one persons fault and that it is somewhat archaic to force two individuals to remain in an unhappy marriage for up to 5 years. This announcement was widely praised by the legal profession and was seen as welcome change for those couples who have separated but want to divorce amicably and without the hostility that can be caused through alleging blame.
A bill known as the Divorce, Dissolution and Separation Bill subsequently passed through both committee stages in Parliament. However, the Prorogation of Parliament and subsequent general election meant that all bills that had not yet been made law effectively fell away.
The Bill was re-introduced to Parliament by the current government and passed its second reading in the House of Commons this week. Whilst the Bill has not yet been made law, it is hoped that we are now one step closer to a less acrimonious and more conciliatory divorce process.
We will endeavor to keep you updated on the progress of no fault divorce but, in the meantime, if you would like further advice on divorce proceedings then we have experienced family lawyers at each of our offices who would be happy to meet with you and discuss your individual case.
