header-logo header-logo

Divorce overhaul removes ‘fault’

10 April 2019
Issue: 7836 / Categories: Legal News , Divorce , Family
printer mail-detail
Divorcing couples can opt for ‘irretrievable breakdown’

Justice Secretary David Gauke has announced an end to ‘blame game’ divorce, under major reforms due to become law as soon as parliamentary time allows.

Family lawyers welcomed the proposals, which will remove fault from the divorce process, make irretrievable breakdown the sole ground for divorce, introduce joint divorce applications and remove the ability of one spouse to contest a divorce.

The two-stage legal process of decree nisi and decree absolute will be retained, but a minimum six-month timeframe will be introduced between petition stage and final divorce. The process for determining financial provision will not be affected by the reforms.

‘Hostility and conflict between parents leave their mark on children and can damage their life chances,’ 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‘While we will always uphold the institution of marriage, it cannot be right that our outdated law creates or increases conflict between divorcing couples. So I have listened to calls for reform and firmly believe now is the right time to end this unnecessary blame game for good.’

Currently, a person seeking a divorce must prove one of five facts: adultery, behaviour, desertion, two years’ separation if their spouse consents to the divorce, and five years’ separation without consent.

Under the proposed changes, the requirement to prove a fact would be replaced with a statement of irretrievable breakdown.

The announcement follows a 12-week consultation, ‘Reducing Family Conflict: reform of the legal requirements for divorce’, which closed in December 2018. Family lawyers’ longstanding calls for fault-free divorce strengthened last July after the Supreme Court unanimously dismissed Tini Owens’ attempt to divorce her husband, Hugh, in Owens v Owens [2018] UKSC 41.

Official figures show 47% of divorce petitions in 2016-18 used the behaviour fact. Less than 2% of divorces are contested. About 10% of divorces between 2011-2018 reached decree nisi within eight weeks, and 30% between nine and 13 weeks.

Family law solicitor and NLJ columnist David Burrows said: ‘Questions remain: how is “blame” eliminated if irretrievable breakdown is the only ground?

‘How is breakdown to be proved [see 'Owens & how to plead a divorce case, NLJ 9 August 2018]? And how to prevent someone “contesting a divorce”?’

Graeme Fraser, partner at London law firm OGR Stock Denton, said: ‘For decades, family lawyers have pointed out to policymakers that apportioning blame for the end of the marriage serves no useful purpose and only increases family conflict.

‘The new law should help many thousands of couples reach the end of their marriage in a better way without suffering the emotional fallout that can detrimentally affect them and their children through the process and afterwards.’

MOVERS & SHAKERS

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
back-to-top-scroll