No-fault divorces planned to reform ‘archaic’ law by justice secretary

The need for couples to separate or allege “fault” would be taken away under a proposed change unveiled by David Gauke.

Spouses would also be stripped of any right to contest a divorce application made by their partner, a consultation launched on Saturday has proposed.

Mr Gauke, who had previously publicly called for a “less antagonistic” system said: “Marriage will always be one of our most sacred institutions, but when a relationship ends it cannot be right for the law to create or increase conflict between divorcing couples.

“That is why we will remove the archaic requirements to allege fault or show evidence of separation, making the process less acrimonious and helping families look to the future.”

Under the current law in England and Wales, unless people 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 changes include:

– Making “the irretrievable breakdown of a marriage” the sole grounds for a divorce

– Removing the need to live apart or provide evidence of a partner’s misconduct

– A new court notification process that can be triggered by one or both parties

– Removing the opportunity for the other spouse to contest the divorce application

Pressure for reform intensified after Tini Owens lost a legal battle to divorce Hugh, her her…