No fault divorce - Are we nearing the end of the blame game?
Under the present law, to obtain a divorce without alleging fault in England and Wales, a couple have to wait until they have been separated for a least 2 years. Many people do not want to wait for this length of time and to obtain a divorce more quickly, they can allege fault-based facts of either adultery or unreasonable behaviour on the part of their spouse.
Perhaps understandably, this can often increase the bitterness between the parties and makes dealing with other arrangements such as children and finances more difficult.
It has been argued for some time now that the divorce law of England and Wales should be updated to enable couples to divorce after one year of marriage without stating why the marriage has broken down or who was at fault.
The case of Owens v Owens in 2017 highlighted the fact that reform was needed. In this case, the judges ruled that the wife could not dissolve the marriage on the grounds of the husband’s unreasonable behaviour simply because she was unhappy. They considered the examples of her husband’s behaviour to be “flimsy and exaggerated”. As a result, she was unable to apply for a divorce until 2020 when the fact of 5 years separation became available.
The Divorce, Dissolution and Separation Bill concluded its passage through the House of Commons in June 2020. This has amended legislation to allow couples divorcing under the law of England and Wales to be able to rely on the irretrievable breakdown of the marriage on a “no fault” basis. The Bill also removes the possibility of contesting the decision by one spouse to divorce and introduces a new option allowing couples to jointly apply for a divorce where the decision to separate is a mutual one.
Whilst the “no fault” legislation has been passed, it is yet to come into effect, and it is estimated that couples may not be able to rely on this option as a means of dissolving their marriage until the Autumn of this year.
It is anticipated that the introduction of “no fault” divorce will result in a more amicable conclusion of the marriage and the associated proceedings. In turn, this should have a positive impact on the discussions relating to arrangements for the children of the marriage and matrimonial finances.
If you would like to find out more about how Scotts Wright can help with divorce and any associated matters, please contact Allen Bailey at the Catterick Garrison office on 01748 832431 or email enquiries@scottswright.com