No-fault divorce under review
DIVORCE laws are set for a major shake-up, with proposals for no-fault separations under consideration.
Justice Secretary David Gauke is expected to launch a consultation on plans for reform after previously saying he wanted a “less antagonistic” system.
Under current law in England and Wales, unless people can prove adultery, unreasonable behaviour or desertion, the only way to divorce without a spouse’s agreement is to live apart for five years.
The Ministry of Justice refused to confirm or deny reports about the details of the consultation, but Mr Gauke has said there was a “strong” case for reform.
In May he told The Times: “The more I look at it the more I am concerned that the current system does create a degree of unnecessary antagonism in an already difficult and sensitive set of circumstances.”
On Thursday ministers confirmed the law was being examined. Government spokeswoman Baroness Vere of Norbiton told peers: “We are looking at ways to reduce conflict in a divorce, whether that can be no-fault, whether that can be under financial provisions, whether that can be for enforceable nuptial agreements.”
Shadow justice secretary Richard Burgon said: “Labour is fully committed to introducing no-fault divorce proceedings.
“Instead of yet another consultation, the Conservatives should get on with changing our divorce laws so that they are fit for the 21st century.”
Fiona Snowdon, family law expert at Simpson Millar, said: “We are absolutely delighted to hear that the Government is set to announce a consultation on no-fault divorce.
“UK divorce law is archaic, outdated and incompatible with the 21st century.
“Divorce can be a painful, drawn out experience. A nofault divorce would inject some much-needed autonomy and practicality into the process.”
She added: “This announcement suggests that we are finally moving in the right direction, and we could not be more pleased.”
Pressure for reform intensified earlier this year after a woman lost a legal battle with her husband to divorce him, despite telling the Supreme Court that the 40-year marriage was “loveless” and “broken down”.