A discussion on presenting “no-blame divorces”, which could streamline the difficult and complex legal systems couples confront while divorcing, is being set up by the administration.
The justice secretary, David Gauke, who has already recognized that the contention for change is “solid”, is relied upon to dispatch an open discussion on proposition to modernize enactment that has not been changed for very nearly 50 years.
Under the Matrimonial Causes Act 1973 in England and Wales, anybody looking for a divorce should either demonstrate their accomplice is to blame through infidelity, renunciation or nonsensical conduct, or , on the other hand, if the two sides concur, they can part following two years of partition. Without assent or proof of blame, candidates must hold up until the point when they have been living separated for a long time.
Requests for change mounted after the Tini Owens case. The incomparable court decided in July that the 68-year-old couldn’t divorce her significant other and departure her cold marriage until the point that a time of five years had passed. She and her better half, Hugh Owens, had been living separate lives since 2015.
The Ministry of Justice would not remark on the advancement, which was first revealed by BuzzFeed, however it is comprehended that an interview will be distributed in the coming months. This year, Gauke told the Times he was “progressively influenced … that what we have right now makes more hostility than we truly require”. He included: “I don’t think the most ideal method for helping the foundation of marriage is by putting bureaucratic obstacles in the method for a divorce.”
Richard Burgon, the shadow justice secretary, said on Friday: “Labour is fully committed to introducing no-fault divorce proceedings. Instead of yet another consultation, the Conservatives should get on with changing our divorce laws so that they are fit for the 21st century.” There has been growing pressure from campaign groups and divorce lawyers who have been pressing for the system to be modernised. They argue that the current adversarial system forces couples to blame one another if they wish to speed up divorce, whether utilising a divorce lawyers Chester option or another one in the UK.
Responding to reports that the government intended to launch a consultation, Nigel Shepherd, a former chair of the family law organisation Resolution, said: “Today’s news has the potential to be a landmark moment for divorce law in England and Wales. For far too long, couples have been forced into needless acrimony and conflict in order to satisfy an outdated legal requirement.”
“Apportioning blame can lead to long-term damage to relationships between children and their parents, and can undermine attempts to resolve matters outside of an already overstretched court system. “Since 1996, there have been 1.7 million people who have assigned blame in the divorce process. Many didn’t have to, and every day that goes by sees that number grow. The government appears to have heeded our calls to make our divorce system fit for the modern age, and we will continue to push for this much-needed, overdue reform to be implemented as soon as possible.”