It has been confirmed that following extensive consultation and in a move overwhelmingly supported by family lawyers and judges, the justice secretary David Gauke, has confirmed that he will introduce legislation for no fault divorce.
This will remove the need for separating couples to prove fault or first separate for years before being able to divorce. .
The law as it stands means that couples seeking to divorce have to prove that their partner is at fault through either adultery, desertion or unreasonable behaviour. Alternatively, if both partners agree to the divorce, they can part after two years of separation.
In the absence of consent of each party or evidence of fault, couples must wait until they have been living apart for five years before being able to divorce.
This was highlighted in the recent case of Tini Owens who wanted to divorce her husband, Hugh, but as he was not agreeable they had to wait until five years of separation had passed before being able to divorce.
The consultation to change the law was launched last autumn and has been widely supported by both parliament and family lawyers.
If you’d like any further information on divorce or separation, please don’t hesitate to contact a member of our Family Team.
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