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Government announces the start of a consultation to address the concept of 'no fault divorce'

On Friday 7 September, it was announced that the government were starting a consultation to address the concept of ‘no fault divorce’ campaigned for by Resolution Family Law. This is very good news and paves a brighter future for how the Courts handle divorce proceedings.

In current legislation, filing for a divorce means that one party must provide evidence that their spouse has committed adultery, behaved in an unreasonable manner or has deserted them. Alternatives are available involving a 2-year wait if both parties consent to the divorce or a 5-year wait in cases where only one party has provided consent. The announcement of this consultation shows that the government acknowledges that an overhaul may be required.

Said Philip Elliott of Sharmans Solicitors, “Resolution Family Law has been campaigning for a change in this legislation and to remove the need for blame from the divorce process. This is a welcome announcement as it shows that we are heading in the right direction in terms of law reform that reflects modern times”.