Wales On Sunday

No-fault divorce under review

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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“UK divorce law is archaic, outdated and incompatib­le with the 21st century.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”.

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