I
first wrote about no fault divorce on this blog in June 2012 (you can read my
original post here).
Despite there being continued
support from the family law community for this reform we are now in 2016 and spouses
still have to assign blame by either citing their partner’s adultery or bad behaviour
in order to be able to issue a divorce petition immediately. The alternative is
to separate and wait two years before filing a petition which both parties
consent to. This is not appealing for those wanting to move on with their lives.
It is difficult to see how
anyone could support the current system. Even the most anodyne of accusations
can increase hostility which can damage the parties’ ability to communicate
constructively, (a significant problem if there are children involved), reduce
the chances of reaching an amicable financial settlement and increase legal
costs.
No
fault divorce could go a long way to improving matters and there may be change
on the horizon. Today (Friday 22 January 2016) the House of Commons is debating
a private members bill introduced by Conservative MP Richard Bacon which would
allow for a joint petition to be filed immediately when both parties agree that
the marriage or civil partnership has broken down irretrievably.
The Bill would amend the Matrimonial
Causes Act 1973 and The Civil Partnership Act 2004. It would also stipulate a minimum
period of 12 months between the granting of decree nisi and decree absolute as
opposed to the 6 weeks for divorcing on other grounds. Still, waiting 12 months
for the final decree in a divorce must be better than waiting two years before
you can even issue a petition. In addition, a final financial settlement could be
negotiated and approved by the court during that time, providing the parties
with better certainty as to their futures.
