So now that the general election is out of the way, long-awaited divorce reform is back on the agenda! The Divorce, Separation and Dissolution Bill introduces so-called ‘no-fault divorce’ so as avoid what one Minister called ‘needless antagonism’. Currently divorcing couples have to prove either adultery, unreasonable behaviour, desertion or ‘permanent separation’( 5 years or 2 years with consent).
If it becomes law, the option to contest the divorce will be removed and matters will proceed following a statement which sets out the basis upon which the marriage has irretrievably broken down.
The Bill came to a standstill on 2 previous occasions when the country was introduced to the wonderment of prorogation of parliament, in September, and the general election, in December.
Dare I say it, but the Bill, in theory at least, reduces (if not completely eliminates) the need for couples to play the ‘blame game’! Not all marriages have a fairy-tale ending. In real life, people fall in love and they also fall out of love. At least the new law pragmatically recognises that fact, thereby avoiding the need to exacerbate conflict, and allowing parties to move on with their lives.
The new Bill does not affect other areas of matrimonial law, such as financial provision.
Family lawyers have long campaigned for no-fault divorce.
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