18 June 2020
A change to allow couples to separate without having to blame each other has moved a step closer to becoming law.
Last week, MPs debated The Divorce, Dissolution and Separation Bill during its second reading in Parliament.
The Bill has already been passed by the House of Lords and it is hoped by many that the law could now come into effect in a matter of months.
According to Hayley Eachus, who heads the Family Law team at Phillips Solicitors incorporating Brain Chase Coles, this will be the biggest shake up in divorce law in England and Wales for 50 years.
Under the current law, unless a person can prove their marriage has broken down due to adultery, unreasonable behaviour or desertion, the only way to get a divorce without a spouse’s consent is to live apart for five years.
The key change is that people will be able to seek a no-blame divorce by only having to state that the marriage has irretrievably broken down.
Hayley said: “When the reform finally goes ahead, the concept of fault or blame will be removed from the process and spouses could lose the right to contest a divorce.”
“For years we in the legal profession have been warning that the existing legislation often leads to unnecessary painful and destructive marriage break-ups.”
“The current divorce law is archaic and unfair because of its heavy reliance on using fault as a basis of divorce which inevitably heightens emotions in an already a difficult situation.”
The move to change divorce laws was partly prompted by the case of Tini Owens, who was refused a divorce from her husband after 37 years of marriage. Mrs Owens could only obtain a divorce by living apart from him for five years. Her case was heard and rejected by Supreme Court justices in 2018. One of the judges said that it was up to Parliament to change the law.
We Are Here To Help
Alternatively click here to go to our contact page.
During these difficult times our Town Gate office in Basingstoke is temporarily closed to visitors unless by prior appointment when meeting in person is essential. However, thanks to our lawyers being able to work remotely, Phillips remains fully open for business and can discuss your legal matters by telephone and video conference.
This article is current at the date of publication set out above and is for reference purposes only. It does not constitute legal advice and should not be relied on as such. Specific legal advice about your specific circumstances should always be sought separately before taking any action.
Please call us or email and we’ll get back to you as soon as possible.
- 01256 460830
- [email protected]
Phillips Solicitor’s Employment Team represented the Claimant, Mr Baugh, a senior manager working for IBM, an international company. He has claims for unfair redundancy and age discrimi ...More
The Wagatha Christie trial, that concluded at the High Court last week, has certainly provided many talking points these past couple of weeks. Whether it was the insight into the relat ...More
Did you know that on 6th April 2022 the law relating to divorce was updated? Fault will no longer be a basis for divorce and this marks the biggest change to the divorce law since the M ...More
Today in his Spring Statement Rishi Sunak, confirmed that the government will press ahead with its decision to use National Insurance Contributions (NICs) as a tax to help raise £36bn t ...More
Future proofing your commercial lease for RPI reform The UK Statistics Authority (the Authority) published its response to the consultation on the reform to the Retail Prices Index (RPI ...More
Leading Hampshire law firm Phillips Solicitors continues to go from strength to strength with the appointment of senior solicitor Clare Strachan, who has joined the firm as a Legal Dire ...More