No-fault divorces that could replace the protracted courtroom battles couples often face when separating are to be introduced into law.
The justice secretary, David Gauke, confirmed he will bring in legislation enacting the reform in the next session of parliament, removing the need for separating couples to wait for years or allocate blame for the collapse of their relationship.
Under the Matrimonial Causes Act 1973 in England and Wales, anyone seeking a divorce must either prove their partner is at fault through adultery, desertion or unreasonable behaviour, or if both sides agree, they can part after two years of separation. In the absence of consent or evidence of fault, applicants must wait until they have been living apart for five years.
Gauke launched a consultation last autumn on reforming the law. Responses received by the Ministry of Justice showed widespread support for the initiative. The justice secretary told the Times the responses to the consultation were “overwhelmingly in support, which is why I remain as convinced as I have been for the need to reform this particular area”.
Demands for change mounted after the Tini Owens case. The supreme court ruled in July last year that she could not divorce her husband until a period of five years had elapsed. Owens and her husband, Hugh Owens, had been living separate lives since 2015.
Labour also supported changing the law, which has remained unaltered for nearly 50 years.
No-fault divorce was first introduced by the Family Law Act 1996, but its provisions were later deemed unworkable and it was repealed. It has been widely supported by prominent members of the judiciary, lawyers and relationship charities.
Nigel Shepherd, a former chairman of the family law organisation Resolution, said it was clear the responses to the consultation had shown overwhelming support for the reform “and we’re pleased the government are so firmly behind it”.
He added: “Our members, and the families they work with, will be delighted that after years of campaigning, we are now so close to ending the ‘blame game’ that many divorcing couples are currently forced to play.”
He said that while much of the detail had yet to be agreed, Resolution would provide ministers and officials with all the support it could to help bring in the legislation as quickly as possible.
Ayesha Vardag, a solicitor who has campaigned for no-fault divorce, said: “Family law goes to the heart of how we see each other as human beings, and these old-fashioned notions, like there having to be a guilty party when relationships end, and marriage being more likely to last if there’s lots of mudslinging on divorce, are deeply damaging to our ability to behave decently and respectfully to each other, and co-parent our children with dignity after we part.
“And there should be no law in our society that traps one human being into being married to another when they long to be free of them. That is just another form of slavery.”
Caroline Elliott, a divorce partner at the law firm Shakespeare Martineau, said Gauke’s commitment to the law change was a cause for celebration and meant separation could be far less acrimonious for many people.
“Being able to apply for a ‘no-fault’ divorce will spare couples the emotional stress and strain of finding blame for an unreasonable behaviour petition, or when they can’t or don’t want to wait two years to divorce on the grounds of separation,” she said.
