No Fault Divorce Plans

Posted: Oct 15, 2018
Family Law

No-fault divorce plans

Recent plans released by Justice Secretary David Gauke to reform marriage law could radically alter the way couples get divorced.  Removing the so-called ‘fault-based’ requirement means that only notice of ‘irretrievable breakdown’ is needed to end a marriage.  It would remove the ability of the other party to the divorce to be able to contest it.  The Justice Secretary is also looking for suggestions as to a minimum timeframe on the length of a divorce.  The plans are not yet set in stone, and there is a public online consultation process which will be ongoing until the 10th December 2018.


Our Laura Colley, Solicitor and Partner in Painters Solicitors who specialises in divorce and family law, says this in response to the plans:

Under the current law in England and Wales, unless an individual can prove their marriage has broken down due to adultery, unreasonable behaviour or desertion, the only way to obtain a divorce without a spouse's consent is to live apart for five years. The government plans seeking to allow couples to split up more quickly and with less acrimony would be a welcome change to our divorce law. Our clients are often unable to understand why they must apportion blame and make their separation more acrimonious. We hope that the recommendations will bring divorce law up to date to meet the needs of modern families.”