Justice Secretary David Gauke confirmed new legislation would be introduced after a consultation revealed support for reforms of the existing fault-based system.
Currently in England and Wales, unless someone can prove there was adultery, unreasonable behaviour or desertion, the only way to obtain a divorce without their spouse’s agreement is to live apart for five years.
The proposed new arrangements will keep “irretrievable breakdown” of a marriage as the sole grounds for divorce.
But, rather than having to provide evidence relating to behaviour or separation, divorcing spouses will be required to make a statement that the marriage has broken down.
The ability of a husband or wife to contest a divorce – used in under two per cent of cases – will be scrapped under the shake-up.
The existing two-stage process, in which a decree nisi is followed by a decree absolute, will be retained under the proposed new system.
Today the government is announcing reforms to #divorce law which will help reduce family conflict and end divorcing couples having to blame each other for the breakdown of their marriage.
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— Ministry of Justice (@MoJGovUK) April 9, 2019
It will introduce a six-month minimum period that must elapse between the lodging of a petition to the divorce being made final.
The Government is also planning…
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