On the 4th December 2015 there is to be a second reading of MP Richard Bacon’s Private Members Bill proposing a change to the law in relation to divorce.
Many commentators, including Judges, consider that the current law on divorce is out of date, that it has no place in modern society and has the potential of causing resentment and unnecessary upset for estranged couples who are already having a difficult time as a result of their marriage breakdown.
The current law goes back to an Act of Parliament called the Matrimonial Causes Act 1973. Under this law which dates back more than 40 years you are required to rely on one or more of the following five facts or situations in order to commence a divorce. These are:
1. Adultery
2. Unreasonable behaviour
3. Desertion for a period of two years
4. Two years’ separation with consent
5. Five years’ separation
This means that unless a spouse is willing to wait at least two years from the date of separation then he or she must pursue a petition for divorce which is either based on adultery or unreasonable behaviour as a reason for the marriage having broken down. In either of these cases it is necessary to cast blame on the other party and this can often cause upset and resentment. At a time when the Government is encouraging estranged couples to mediate over both financial and children issues in order to resolve matters amicably without the need to go to court, the Government is sending out a mixed message by not itself introducing legislation for a “no fault divorce” in order to reduce acrimony between couples who have separated.
There is therefore a very strong argument for “no fault” divorce and it is hoped that the bill will successfully get its second reading on the 4th December 2015 and then go to the committee stage. Although there is a lot of support for there being “no fault divorce” it is rare for a Private Members Bill, which is not part of the Government’s plan for legislation, to become law. However in view of the strong argument for and the merits of the law being changed we would urge the Government to get behind the push for “no fault divorce” and reform this out of date legislation.
To discuss divorce and family law please call Wendy on 0113 230 5000 or email @email
