There has been a lot of discussion on how divorce laws in the UK are woefully outdated, not having being reviewed over the past 50 years.
The Government announced in April 2019 they are planning reforms primarily to simplify the divorce process. The idea if to make the process less contentious and especially for couples where there are children who could get caught in the middle.
The proposed changes are what campaigners have been calling a “no fault divorce”, thereby obviating the need for the current “fault” based process. Traditionally, a divorce would be based upon another’s adultery, unreasonable behaviour, 2 years operation with consent or 5 years without. It has been widely appreciated how this process can lead to creating difficulties between divorcing couples who need to apportion blame rather than waiting for 2 years.
For those couples who try to divorce amicably, the 2 year wait can cause immense financial issues as they cannot sever their financial ties until the divorce process has started.
In a time when the courts are wanting couples to agree arrangements and financial matters through mediation, the divorce process itself seems diametrically opposed to the idea of a mediated compromise. This is something which can be obviated by the introduction of the no fault divorce.
It has been reported the sole ground for a no fault divorce will be the marriage has broken down irretrievably, with a statement from the parties that this is the case.
This new process dovetails extremely well with mediation as it allows separating couples to maintain a better relationship post separation and a higher focus on co parenting. Taking away the blame element of the divorce allows couples to not jeopardise future arrangements by continuing to argue past disagreements.
The new reforms will also introduce a time frame for no fault divorces, still allowing a period for reflection by both parties. This new time frame will be for a minimum of 6 months, after the Petition is filed to the final divorce. This will include a 20 week period between the Petition and the application for the Decree Nisi.
This simplified process is also enhanced by a proposal for the removal of the ability for a party to the Petition being able to contest it. The only way a party would be able to contest it would be on the grounds of coercion, fraud, legal validity and jurisdiction.
Just Secretary David Gauke, who announced the change, said: “Hostility and conflict between parents leave their mark on children and can damage their life chances.
“While we will always uphold the institution of marriage, it cannot be right that our outdated law creates or increases conflict between divorcing couples. So I have listened to calls for reform and firmly believe now is the right time to end this unnecessary blame game for good.”
About The Author
Michael Cohen FMCA is an independent family mediator and barrister. He is accredited by the Family Mediation Council.
Michael is one of the founding directors of the Family Mediation Practice and is a member of the Family Law Bar Association.
Michael was called to the Bar in 1992 and has considerable experience in family, criminal and public law. Before coming to the bar he qualified as an accountant and spent over twelve years in business consultancy. This involved almost every aspect of corporate financial analysis, advice and solution implementation. He holds a postgraduate Diploma in Management Studies.
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