End the blame game - time for reform of divorce law?

Some 118,000 divorces are granted in England and Wales each year; that’s more than 300 couples every day.

Divorce in itself is difficult enough, but when the outdated laws surrounding divorce are largely fault-based, it makes it even harder and often creates or exacerbates conflict between parties.

Under the present system, which was implemented over 40 years ago, the only ground for divorce in England and Wales is that the marriage has irretrievably broken down. To prove this, the court must be satisfied that you can evidence one of five available facts, three of which are fault-based: adultery, unreasonable behaviour and desertion; and two which relate to periods of separation: two years if both parties consent, or five years without consent.

Unless parties have been separated for two years or more, one party will have to apportion some form of blame against the other in order to divorce. In many cases this can create confrontation, animosity and potentially increases legal costs. However, the alternative of living separately for two years before divorce proceedings case be issued is, for many, financially and emotionally untenable and can also be financially detrimental as it is imperative that you take early legal advice as to your circumstances as delay may hinder the success of the claims that you may have against your spouse.

Nigel Shepherd, the Chair of Resolution - the national organisation of family lawyers – is calling for change, stating that, “People should not have to go through this blame charade to bring their relationship to a dignified conclusion and move on with their lives. A civilised society deserves a civilised divorce process.”

Resolution is proposing that there should be a new divorce procedure, where one or both parties can give notice that the marriage has broken down irretrievably. The divorce can then proceed and, after a period of six months, if either or both parties still think they are making the right decision, the divorce is finalised.

It is hoped that divorce without blame will increase the chances of success for non-court dispute resolution processes, such as mediation, as parties are placed on an equal footing from the outset. This will reduce the burden on the family court where delays in processing divorce paperwork are considerable but more importantly it will help to move the focus on to negotiations about children and/or finances, encouraging honesty and collaboration during what is a difficult time for couples and families.

It is therefore important that separating couples seek advice and support from a solicitor to help guide you through the process, discuss your options at an early stage and before any ‘status quo’ is set so that you can move forward with as little conflict and stress as possible, in order to achieve an outcome that is right for you.