A new era for UK divorce law

Up until now, divorce rules in the UK have been based on a law which is 47 years old. Lawyers have long argued that the law is outdated and damaging for couples trying to achieve an amicable end to their relationship. I have lost count of the number of clients asking to divorce based on “irreconcilable differences” and having to explain that this is not a reason that can be used in the UK.

Currently there is only one valid reason for divorce in England and Wales, which is the irretrievable breakdown of the marriage. This must be supported by one of five facts which are adultery, unreasonable behaviour, 2 years’ separation with consent, desertion or 5 years’ separation. Most divorces are based on unreasonable behaviour which involves listing several examples of your spouse’s behaviour as the reason for the divorce. This often causes upset at just the time when couples are trying to sort out finances and arrangements for any children.

The new law will allow ‘no fault’ divorce and will enable either or both parties to apply for a divorce order – this should allow couples to divorce in a more dignified way and avoid the ‘blame game’ which the current law encourages.

The new law is unlikely to be introduced before Autumn 2021, to allow for a careful period of implementation – for many this cannot come soon enough.

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