The government is planning to undertake a consultation on introducing ‘no-fault divorces' in England and Wales. David Gauke, the justice secretary, who previously acknowledged that there is a "strong" argument for making changes to the law regarding divorce, is expected to launch a public debate on modernising legislation that has been in place for over 50 years. Mr Gauke stated that the current law is "out of touch with modern life".
Currently, anyone seeking a divorce must prove that their partner was at fault though adultery, desertion or unreasonable behaviour. Alternatively, if both parties agree to the divorce, they must live apart for two years. If fault by one of the spouses cannot be shown, and if one of the parties does not consent, applicants are currently required to be separated for five years before a divorce will be granted.
Calls for changes in the law have increased following the high-profile case of Tini Owens, who was denied a divorce from her husband of 40 years because, she claimed, their relationship is ‘loveless' and had broken down.
Our family solicitors can offer clear, sympathetic advice to spouses wishing to undertake divorce proceedings. We understand how stressful this process can be, but our divorce lawyers will do everything in their power to ensure matters are settled as swiftly and fairly as possible, and that your position remains protected.