Thank you for contacting me about so-called ‘no fault’ divorce.
Marriage is one of the most important institutions we have. The principles of long term commitment and responsibility which underpin it bind society together and make it stronger, and I am pleased the Government is of the same view.
The end of a marriage is an extremely painful time for any couple and I am aware of the strength of feeling on this issue. When a relationship ends, it cannot be right for the law to introduce or exacerbate conflict between divorcing couples. Currently, couples have an incentive to blame each other for the end of marriage based on ‘unreasonable behaviour’, adultery or desertion unless they can wait to divorce on the basis of separation for a minimum of two years, even if the separation is mutual. If one spouse objects to the divorce then the other spouse must wait five years before seeking a divorce.
As I am sure you are aware, the changes in the Divorce, Dissolution and Separation Act mean that the irretrievable breakdown of a marriage will remain the sole ground for divorce. At the same time the Act removes the need to show evidence of the other spouse’s conduct or a period of living apart. A new notification process will allow one, or possibly both parties, to notify the court of the intention to divorce. Finally, the changes remove the opportunity for the other spouse to contest the divorce, which serves no practical purpose.
I understand that these reforms are not intended to introduce quick divorce. I am told that for around 80 per cent of couples divorce will actually take longer than it does at the current time. A new minimum period of 20 weeks will be introduced from the start of proceedings to confirmation by the court that a conditional order of divorce may be made. The six-week minimum period between conditional and final orders will remain.
The Government believes that requirements to allege fault or show evidence of separation are archaic and that removing them would promote a less acrimonious process, helping families look to the future.
Thank you again for taking the time to contact me.
Craig Whittaker MP