Reforming the law on divorce

Erin Dean (Student)

Currently in order for a couple to get a divorce, they must prove that their marriage has irretrievably broken down. To do this they must prove one of the following five facts: adultery, unreasonable behaviour, desertion, two years separation (with consent) or five years separation (without consent). These grounds (particularly adultery and unreasonable behaviour) have often created further conflict between the parties and damaged children by undermining the relationship further after the divorce.

Aidan Jones, OBE, has noted that the process for divorce is damaging to a child’s welfare and makes it harder for the couple to create good relationships as co-parents due to the element of having to show that the relationship has irretrievably broken down.

The UK Government has since proposed reforms to the process on how to prove that the marriage has broken down by keeping the irretrievable breakdown of a marriage as the only ground without the need to prove the other facts. Hopefully, by not having to prove the reason for the irretrievable breakdown, the adversarial aspect of the process can be significantly reduced.  Other reforms include creating a joint application for divorce, removing the ability for a party to reject the divorce, and putting in a time frame of 6 months from the first to the final stage of divorce to avoid dragging it out.

Divorce can be a very damaging and distressing thing to go through for both the couple and any family involved and so it is important that the process is as easy and smooth as it can be. This is why it is important that the government are making these changes. These changes are due to come into force later this year.

Here at SULAC we can advise on divorce, financial affairs and children applications. If you would like an appointment please call 01782 294800 or email sulac@staffs.ac.uk

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