GOVERNMENT CONFIRMS IT HAS NO PLANS TO CHANGE FAULT BASED DIVORCE

March 2017            No: 1

Under current law in England and Wales, the only options to apply for a divorce, (unless a couple have been living separately for at least two years), are for one spouse to accuse the other of:-

  1. adultery or
  2. unreasonable behaviour.

Many family lawyers believe the law should be changed.

They believe that, if a couple agree their marriage is over, no purpose is served by forcing one spouse to make allegations against the other. This can create or increase acrimony, and make it harder to agree arrangements for:-

  1. the care of the couple’s children.
  2. a financial settlement.

The government has recently confirmed to the House of Lords, that although considering further reforms to the family justice system, it has no plans to reform the divorce law.