Divorce law: Plans to overhaul ‘archaic’ laws revealed
from BBC News:
More details have emerged about government plans to overhaul “archaic” divorce laws in England and Wales.
Couples wishing to divorce could soon benefit from a less confrontational process, under proposals confirmed by the Justice Secretary David Gauke.
The government has launched a consultation proposing removing the need to allege “fault”, and the right of spouses to contest a divorce.
Mr Gauke said the current divorce laws were “out of touch with modern life”.
Under the current law, unless people can prove their marriage has broken down due to adultery, unreasonable behaviour or desertion, the only way to obtain a divorce without a spouse’s consent is to live apart for five years.
If the separation is mutual, the couple have to prove they have been separated for a minimum of two years before they can divorce.
Mr Guake said: “We think that the blame game that currently exists helps nobody. It creates unnecessary antagonism and anxiety at an already trying time for couples.”
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