Government seeks public's view on changing divorce law

A consultation has been launched by the Ministry of Justice to gather views on reforming the current legal requirements for a divorce. The current law in England and Wales has been in place since the early 70’s and arguably does not reflect modern family life.

The current law requires either;

  1. one spouse to place blame on the other spouse for either adultery or unreasonable behaviour; or

  2. the parties to have been separated for a period of at least 2 years.

The consultation is considering options to reduce the conflict that arises between families on divorce by considering the following amendments:

  • removing the requirement to either prove fault of one spouse or to live apart for a period of at least 2 years

  • Removing the ability for the other spouse to defend the divorce application.

The Ministry of Justice have given the public until 10 December to provide their views on their proposed changes. Responses can be sent by completing their online survey

If you require any further information in respect of starting divorce proceedings then please contact Alex Mansfield at our Wolverhampton office on 01902 328365 or Rachel Baker at our Cradley Heath office on 01384 340580.