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Currently, and for the last 50 years, the divorce system has worked on the basis that the only ground for divorce is that the marriage has irretrievably broken down together with one of five facts as follows;

1. Unreasonable behaviour of the other party
2. Two years separation with consent
3. Five years separation without consent
4. Desertion
5. Adultery

All facts except for 2. Two years separation with consent, require blame to be placed on the other party and as history has shown, this has usually led to acrimonious divorce cases where one party has had to resentfully shoulder the blame for the marriage breakdown.

Under the existing divorce laws, couples have to be married for at least one year before they can divorce and this same rule will continue to apply moving forwards. The same ground for divorce will also remain as the irretrievable breakdown of the marriage.

The new proposals include the removal of the existing right to contest/defend a marriage therefore if the respondent to the marriage disagrees with the divorce going ahead, they will soon be unable to contest/defend the divorce if they are doing so as a form of coercion or controlling behaviour. They can contest the divorce on the legal validity of the marriage, jurisdiction, fraud, coercion and procedural compliance. There is also the option for the respondent to the divorce filing for divorce too.

A minimum timeframe will be introduced for six months from petition stage to final divorce which is a timeframe that was non-existent previously and where parties could divorce sooner than six months. The meaning behind the introduction of the minimum timeframe is in order for the separated couple to ‘feel’ divorced at the stage of their Decree Nisi, and thereafter have a minimum of six weeks to really reflect upon whether a divorce is really what they want.

The purpose behind these new proposals is not to make divorce ‘easier’ but to afford the parties a better opportunity to resolve their issues and potentially reconcile as opposed to placing blame on the other. This will increase the chances of a more amicable ending and enable separating couples to resolve outstanding issues related to finances and/children matters in a more harmonious manner.

Justice Secretary David 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. So I have listened to calls for reform and firmly believe now is the right time to end this unnecessary blame game for good.’

Aidan Jones OBE, Chief Executive at 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.

As a large body of evidence shows, parental conflict is damaging to children’s wellbeing and chances in life, whether the parents are together or separated. It’s good that the government has listened and taken action on this, demonstrating commitment to reducing parental conflict.

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.’

At present, it is unknown when the new proposals will be implemented however we will keep you informed via our website and social media platforms.

In the meanwhile, if you require any advice in relation to divorce or any other aspect of Family Law, please do not hesitate to email us at info@boselegal.co.uk or contact us via text/call on 07539 744144.

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