Divorce Law Update: "No Fault" Divorce

Solicitors have been campaigning for a change in divorce law to end the need for one party to blame another for the breakdown of the relationship.

The current procedure for a divorce under the Matrimonial Causes Act 1973 has been criticised for requiring one party to place blame on another party for the breakdown of the marriage, either by way of ‘unreasonable behaviour’ or ‘adultery’.

It has been announced by the Justice Secretary on 9 April 2019 that reforms to divorce law will be made “as soon as parliamentary time allows” and no-fault divorce will be introduced.

A significant change will be that both parties can apply jointly for a divorce.

The need for one party to allege adultery or unreasonable behaviour will be diminished and will instead be replaced by a “statement of irretrievable breakdown”.

The procedural requirements of applying for a Decree Nisi followed by a Decree Absolute will remain.

It is hoped that the concept of “no fault” divorce will reduce hostility between parties and the consequential effect on their children.

Parallel changes will be made to the dissolution of a civil partnership.  

This change is welcomed by practitioners after an overwhelmingly positive response to the reform consultation.

If you would like any further information or advice in respect of divorce proceedings, George Green’s specialist Family Lawyers can assist. If you wish to discuss your matter in a free initial telephone consultation call Mark Vandaele on 01902 796930 (mvandaele@georgegreen.co.uk) at our Wolverhampton office or Rachel Baker on 01384 340 580 (rbaker@georgegreen.co.uk) at our Cradley Heath office.