The Government has today announced plans to overhaul divorce law so as to remove the “fault based” aspect that has been part of the divorce process for nearly half a century. The aim is to reduce the conflict between divorcing couples which can have serious long-term effects on children. There is a large body of evidence showing the impact of conflict stemming from divorce on children of divorcing couples.
The current law says, unless you have been separated for 2 years with consent, or 5 years without, you have to divorce on the basis of adultery or behaviour. Divorce is always difficult, but having to show fault can increase the conflict between the couple and make it more difficult to sort out child and financial arrangements.
The new non-confrontational approach, announced today, is a significant change to the existing laws that have been in place for over 40 years and will bring welcome relief from the “blame game” that currently pervades the divorce process.
There is no timeframe for when the new law will be in place but the Government have promised the new legislation will be introduced “as soon as parliamentary time allows”.