Divorce Law Reforms to end ‘blame game’

9th April 2019

Dean Wilson’s Family department are delighted with the news that divorce laws in England and Wales are to be overhauled to allow for couples to divorce without the need to assign blame.

Currently, if a couple want to divorce quickly they need to prove that one party has been at fault of adultery, unreasonable behaviour or desertion. Whereas if a couple want an amicable divorce without blame they must have lived apart for at least two years.

The prospect of a long and unnecessary wait often means that parties will choose the blame route with the unwanted result of intensifying conflict and causing long lasting damage, particularly impacting future co-parenting.

Under the new rules, couples will be able to divorce after six months without any requirement to prove any fault by either party.

The new legal framework would involve a minimum six month time period from petition stage to decree absolute in order to allow period of reflection and at the end of this period the applicant will be required to affirm their decision to obtain a divorce. There will also be a new option to allow couples to apply for a divorce jointly.

Julian Hunt, Head of the Family department and member of Resolution, has been an active campaigner in the move toward no-fault divorce and would like to thank our local MPs, Pete Kyle and Caroline Lucas, for supporting the campaign.