Haley Farrell, Deputy Managing Director and Head of Family Law at Broudie Jackson Canter, discusses the proposals for a No Fault Divorce. 

As we draw ever closer to leaving the EU, parliament can now turn their attention to legislation that had been taken out of focus.  One very important topic for us Family Lawyers is the introduction of a “No Fault Divorce”.

The legislation was automatically dropped when parliament was prorogued in September, but now thankfully it is to be reintroduced.  The MP’s have to begin from the start, again, but we are hopeful that this time around it will pass.

Family lawyers have been campaigning for these changes for some time.  Currently, we are directed by the Matrimonial Causes Act 1973.  Whilst there is only one ground for Divorce, which is that the marriage has irretrievably broken down, in order to prove that, currently there are restrictions.  The applicant is required to prove that their partner is at fault either via adultery, desertion or unreasonable behaviour.  Alternatively, if both parties agree, then currently they can do this with consent after two years.  If there is a lack of consent or any evidence of fault, applicants then have to be living apart and wait a staggering five years.

The divorce process has been at times unhelpful for separating couples as the need to place blame can fuel an extremely tense and emotional time.  There has also been no regard for the impact that this can have on any children of the family.

Family lawyers welcome the proposal of a Divorce, Dissolution and Separation Bill.  The proposals would see an end to blame.  This would be replaced with a requirement for a statement of irretrievable breakdown.  There would also be an option for a joint application for Divorce.

Currently our Divorce Laws stand at nearly 50 years old and it is about time that the law is amended to reflect of our current climate.  We hope that these changes can be reflected upon in parliament and that they can pass the necessary legislation to assist separating families.

We have seen reported in the news, cases such as Owens v Owens, that being in an “unhappy” marriage was not adequate grounds for divorce.  The impact of this is that, due to the lack of consent by both parties, people are forced to remain in the marriage until a period of five years of separation has expired.

Here at Broudie Jackson Canter we would welcome any changes that would be kinder to both parties and children during this process.

If you need advice on the breakdown of a marriage, we have a helpful and empathetic team who can try to handle the situation with as little stress as possible. To talk to one of our advisers call us on 0151 282 1700, request a callback at your convenience, email family@broudiejacksoncanter.co.uk or message us your enquiry.