Ten Minute Motion on no fault divorce in House of Commons

On 13 October 2015 a Ten Minute Motion on the case for introducing no fault divorce will be debated in the House of Commons.

The Motion has been brought by Conservative MP Richard Bacon. The family lawyers’ organisation, Resolution, has lent its support for the debate. The Resolution Family Law Manifesto published earlier this year has as one of its six key areas of action that people should be allowed to divorce without blame.

Under the current law the judge has to be satisfied that the marriage or civil partnership has irretrievably broken down. To establish that the Petitioner can rely upon one of the following grounds

(a) Adultery;
(b) Unreasonable behaviour;
(c) Desertion for a period of two years prior to presentation of the petition;
(d) The parties have lived separately for a period of two years prior to the presentation of the petition and both parties consent to a divorce;
(e) The parties have lived separately for a period of five years prior to the presentation of the petition

For many years practitioner have been calling for there to be a further option of a no fault divorce or dissolution. This would mean that both parties agree that the marriage or civil partnership has irretrievably broken down but that they are alleging no fault on the part of the other.

Resolution have suggested that there should be a new divorce procedure whereby one of both partners can give notice that the marriage as irretrievably broken down. The divorce can then proceed and after six months, if either of both the parties to the marriage believes they are making the right decision, the divorce can be granted.

The advantage of a no fault option is that it fosters a more non-confrontational stance enabling the parties to move on by agreement. It would be preferable in many cases so that the parties can then focus on the other aspects of their separation, for example, the children’s arrangements and the financial settlement. The current need for one spouse to be “blamed” for the breakdown of the marriage leads to bitterness and resentment and higher legal costs.

There are also opponents to such a change who will have the opportunity to express their opposition to the motion next month. One of the difficulties is that such a change in the law would require an overhaul of the existing legislation.

This change could, for many families, help alleviate some of the tension that comes with relationship breakdown and encourage more amicable outcomes.

If you have any queries about this article please contact jonesnickolds on 0203 405 2300 or contact@jonesnickolds.co.uk