Couples wishing to divorce will soon benefit from a less confrontational process, under proposals announced by the Justice Secretary David Gauke.
The government is taking action to end the ‘blame game’ for separating couples, with new proposals to help families instead focus on key practical decisions and look to the future.
Blame Game not helpful
At present, divorcing couples are forced to blame each other for the marriage breakdown on the grounds of ‘unreasonable behaviour’, adultery or desertion, or prove they have been separated for a minimum of two years – even if the separation is mutual. If the divorce is contested, and a spouse cannot prove ‘fault’, then couples currently have to wait five years before a divorce is granted.
Ministers want to reduce the antagonism of citing fault and the anxiety it creates, at an already trying time for couples and their children.
Therefore, a new notification process will allow people to notify the court of the intent to divorce, whilst removing the opportunity for the other spouse to contest it.
The new proposed Changes to the Divorce Laws
Proposals detailed in the consultation include:
retaining the sole ground for divorce: the irretrievable breakdown of a marriage
removing the need to show evidence of the other spouse’s conduct, or a period of living apart
introducing a new notification process where one, or possibly both parties, can notify the court of the intention to divorce
removing the opportunity for the other spouse to contest the divorce application
The consultation also seeks views on the minimum time-frame for the process between the interim decree of divorce (decree nisi) and final decree of divorce (decree absolute). This will allow couples time to reflect on the decision. Daniel Flynn, a family partner believes the proposed changes will remove the archaic requirements to allege fault or show evidence of separation, making the process less acrimonious and helping families look to the future.
If you would like assistance in relation to a family matter, call Daniel Flynn on 0208 232 9560 for further information.