introducing a minimum timeframe of 6 months, from petition stage to final divorce (20 weeks from petition stage to decree nisi 6 weeks from decree nisi to decree absolute).removing the ability to contest a divorce.creating the option of a joint application for divorce, alongside retaining the option for one party to initiate the process.retaining the two-stage legal process currently referred to as decree nisi and decree absolute.replacing the requirement to provide evidence of a ‘fact’ around behaviour or separation with a requirement to provide a statement of irretrievable breakdown.retaining the irretrievable breakdown of a marriage as the sole ground for divorce.Proposals for changes to the law include: The government therefore proposes to remove it.
Very few divorces are contested but this practice is known to be misused by abusers choosing to contest a divorce purely to continue their coercive and controlling behaviour. Marriages are not saved by the ability of one spouse to ‘contest’ a divorce in court. While divorce isn’t a decision that people tend to take lightly, we do support the extension of the minimum timeframe which will allow more time to reflect, give things another go if appropriate, and access support such as relationship counselling or mediation.Ĭurrent laws demand proof that a marriage has broken down irretrievably and force spouses to evidence ‘unreasonable behaviour’ or years of separation, even in cases where a couple has made a mutual decision to part ways. It’s good that the government has listened and taken action on this, demonstrating commitment to reducing parental conflict. The outdated fault-based divorce system led parting couples to apportion blame, often resulting in increased animosity and making it harder for ex-partners to develop positive relationships as co-parents.Īs a large body of evidence shows, parental conflict is damaging to children’s wellbeing and chances in life, whether the parents are together or separated. This much-needed change to the law is good news for divorcing couples and particularly for any children involved. So I have listened to calls for reform and firmly believe now is the right time to end this unnecessary blame game for good.Īidan Jones OBE, Chief Executive at relationship support charity, Relate 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While we will always uphold the institution of marriage, it cannot be right that our outdated law creates or increases conflict between divorcing couples. Hostility and conflict between parents leave their mark on children and can damage their life chances. Ministers are acting to change the law after responses also revealed that the current system can work against any prospect of reconciliation, and can be damaging to children by undermining the relationship between parents after divorce.
THE NEW TROUBLE GAME RULES UPDATE
New legislation will therefore be introduced to Parliament to update our 50-year-old divorce law which has been shown to exacerbate conflict. The move follows a public consultation where family justice professionals and those with direct experience of divorce voiced their support for reform.
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