No Fault Divorce will be Introduced

David Gauke, the Justice Secretary announced on 9 April 2019 that the new law is to be introduced in three months.  Under the new Act, as soon as one partner initiates the divorce it cannot be stopped by the other party and the divorce can take place within six months.

This is a long overdue change to the 1973 Act which requires a reason, which feels like blame to be apportioned for the irretrievable breakdown of the marriage with adultery or unreasonable behaviour or desertion, although desertion is rarely used.  In addition a period of separation of two years, with both spouses consent or five years separation.

The Bill broadly follows the Time’s Family Matters Campaign run with the Marriage Foundation.   Mr Gauke said: “While we will always uphold the institution of marriage, it cannot be right that our outdated law creates or increases conflict between divorcing couples.”

Aidan Jones, the Chief Executive of Relate said: “The fault-based system led parting couples to apportion blame, often making it harder for ex-partners to develop positive relationships as co-parents.”

The Family Team at Stone Rowe Brewer LLP support the proposed changes so that separating and divorcing couples can concentrate on supporting their children and themselves to build new family structures with good communication, kindness, cooperation, compromise and integrity.

If you would like Advice and Information about Relationship Preparation or Breakdown,  Separation, Divorce, Parenting Arrangements for Your Children, Finances, Planning for the Future and Your Options for Finding a Solution:

Please contact Lisa Broddle, Partner, Head of Family Team, Family and Collaborative Lawyer, Solicitor and Accredited Family Mediator or to Mikayla Lettin, Family Lawyer and Solicitor or a member of the Family Team, who will be able to answer any questions you may have. 

Please call 020 8891 6141 or e-mail the family team here.

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