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Ministers revive no-fault divorce bill to end blame game

Posted: 14th January 2020   In: Family Law - Berkhamsted, Family Law - Luton

The government is to revive its no-fault divorce bill that was shelved in November because of the proroguing of the last parliament and the General Election.

Now that the Conservative government has been returned, a new bill is to be introduced in the coming year.

There was no mention of it in the Queen’s Speech, but it was included in the government notes accompanying the speech.

Under the current system, there are five reasons for being granted a divorce by the courts: adultery, unreasonable behaviour, desertion, two years separation if both agree to the divorce, or five years separation, even if the husband or wife disagrees.

This has led to many couples using claims of unreasonable behaviour as a way of avoiding the requirement to wait two years.

Ministers are acting to change the law after responses also revealed that the current system can work against any prospect of reconciliation and can be damaging to children by undermining the relationship between parents after divorce.

The government hasn’t put forward any details about the new bill, but some of the proposals it put forward last year included.

Last year’s proposed legislation did not cover other areas of matrimonial law such as financial provision. It’s not yet known whether that will still be the case with the new redrafted bill.

We shall keep clients informed of developments.

Please contact Natalie Nero/Shelley Rolfe if you would like more information about the issues raised in this article or any aspect of family law.

Posted by: Natalie Nero
Berkhamsted Office