On the 8th February, David Gauke, the Justice Secretary, announced how “no fault” divorces were to be introduced in England & Wales. But what does this mean and what effect will it have for divorcing couples?
The last shake-up in the law relating to divorce was in 1973, in the Matrimonial Causes Act of that same year. The changes stated how a married couple could not consider divorcing until a year and a day after the marriage took place. Following that, a condition(s) had to be met if either party was to file for divorce. They had to show:
The marriage had broken down irretrievably through,
- adultery
- unreasonable behaviour
- desertion
- the couple having lived separately for at least two years (in agreement)
- the couple having lived separately for at least 5 years (no agreement necessary)
The idea for England & Wales to keep specified criteria was to make divorcing a last resort, encouraging couples to work at their marriage even though it locked many into unhappiness.
DID YOU KNOW – The idea of a “no fault” divorce is not something new. Strangely, again in 1973, Sweden introduced this idea, putting them ahead of our matrimonial law.
There have been calls for a modernisation of our divorce laws, with many stating it is outdated for a modern society. However, on the other side, religious leaders and staunch opponents have attempted to slow any changes, stating the sanctity of marriage should protected.
The idea behind a “no fault” divorce is negating the need for apportioning blame or waiting years before either party can file for divorce. The issues flowing from blame or a protracted wait can damage an already strained relationship, making the ending of it stressful, upsetting and expensive.
It is hoped the “no fault” divorce go some way to curtail the unnecessary bad feeling between the parties and aid them in coming to an agreement on moving forward by using discussion through mediation rather than arguing it out in court.
About The Family Mediation Practice
The Family Mediation Practice is a team of independent family mediators who help divorcing and separating couples to come to an agreement rather than fighting things out in the courts.
Depending on your circumstances, legal aid could be available to fund your family mediation.
Contact The Family Mediation Practice
You can contact any of our independent family mediators direct by calling 0333 567 0377. You can also send a confidential message by clicking here.
