Latest insights from our experts
Reform of UK Divorce Law – No-Fault Divorce
Following the consultation launched in autumn 2018, the government has announced its commitment to reforming divorce law in the next Parliamentary session scheduled to start in May 2019. The reforms will remove the need for couples to wait 2 years after separating and fault-based petitions.
Justice Secretary, David Gauke, confirmed last Friday 8th February that responses to the consultation “were overwhelmingly in support, which is why I remain as convinced as I have been for the need to reform this particular area.”
There have been calls to reform UK divorce law for many years, reaching their peak in 2018 following a wife’s unsuccessful petition for divorce based upon her husband’s unreasonable behaviour. Resolution, an organisation of family lawyers committed to the constructive resolution of family disputes, backed Tini Owens’ legal challenge to the Supreme Court which was unfortunately unsuccessful.
Tracy Lambert, Partner at Tozers comments:
“This announcement signals a long awaited reform of the current law which only enables separated couples, even those whose separation was mutually decided, to divorce after a period of 2 years’ apart unless one party is blamed for the relationship breakdown. It is positive to see that a ‘no-fault divorce’ could be on the horizon.”