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‘No fault’ divorce to become law

PLEASE NOTE: Information in this article is correct at the time of publication, please contact DFA Law for current advice on older articles.

As you may have seen in the media very recently, ‘No fault’ divorce is set to become law.

Last year we published a blog on the well publicised case of Owens v Owens; highlighting the need for divorce reform.

Resolution, a 6,500 strong organisation of family lawyers and other professionals who believe in a constructive and non-confrontational approach to family law matters, and many other legal professionals have been calling for the introduction of ‘no fault’ divorce for some time.

The Supreme Court ruling in the Owens case garnered further support for the ‘no fault divorce’ campaign and following a consultation last autumn, the Justice Secretary, David Gauke, has confirmed that the Government will bring in legislation to enact long awaited divorce reform in the next session of parliament.

These changes should remove the need for separated couples to wait years or rely upon fault based facts to prove their marriage has ended. The removal of blame from the divorce process, therefore making it easier for people to manage their separation with as little conflict as possible, will provide for a more ‘civilised divorce process.’

The extent of the changes in legislation and when these are likely to come into force are currently unknown, however, it is encouraging that the Government are committing to taking steps in the right direction.

In response to the news, Nigel Shepherd, former chairman of Resolution said “Our members, and the families they work with, will be delighted that after years of campaigning, we are now so close to ending the “blame game” that many divorcing couples are currently forced to play.”

It is understood that Resolution will also provide ministers and officials with support to bring the legislation in as quickly as possible.

If you are thinking about a divorce and require specialist advice, please call DFA Law on 01604 609560 and we will be happy to help.

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