No Fault Divorces are to be quickly introduced in order to reduce “conflict” between separating couples and indeed prevent harm being caused to their children.
David Gauke the Justice Secretary said that current Divorce Laws which have been in place for almost 50 years were “out of touch with modern life” “Marriage is hugely important institution but when a relationship ends it cannot be right that the Law creates or increases conflict between divorcing couples” he said “We think the blame game that currently exists helps nobody; it creates unnecessary antagonism and anxiety at an already trying time for couples”.
Under the current Law in England and Wales, the only way to obtain a Divorce without a Spouses agreement, unless fault can be proved, is to live apart for 5 years. The proposed changes include, removing the need to live apart or provide evidence of a partner’s misconduct. A new court notification process will be triggered by one or both parties and this will also remove the opportunity of the other spouse, to contest an initial divorce application.
The proposed changes will apply to heterosexual and gay marriages as well as Civil Partnerships.
Mr Gauke would not be drawn on a timescale for passing the necessary legislation, but sources said he wanted to “act as quickly as possible”.
If you have any queries in relation to how the proposed changes in Divorce may be going to affect you, contact Jane or Kelly at Absolute Mediation to arrange your without obligation consultation at our Offices at Sinclair’s Law.