Churchers has welcomed today’s announcement of a change in the law to introduce no fault divorces.
Put simply, divorce laws in England and Wales will no longer require one party to be ‘at fault’, and in turn will enable couples to split in an amicable way that avoids unnecessary conflict.
William Donnelly, Partner and head of Family law department, sees this as a positive move forward to encourage a more conciliatory approach to marriage breakdown.
"As a firm, we strongly believe that divorce law has been outdated for far too long and has long awaited a modern change. For decades people have been stuck in an unhappy marriage or have had to resort to passing blame.
Either of these situations can be extremely stressful for all of those involved — especially when there are children to consider in the marital relationship.
Thanks to this new law, couples seeking divorce in the future will merely have to state that the marriage has broken down irretrievably".
This is a big step forward as currently, a married person would either need grounds such as adultery, desertion or unreasonable behaviour to start separation proceedings, wait until they had been living apart for two years with consent or five years without consent.
At Churchers, we’ve always understood that there are many different reasons for divorce to be granted but one of those reasons should be as simple as the happiness of the people involved, and not just the fault of one.
There is hope that this new development will pave the way for couples in the future and help move family law into this century.
Justice Secretary, David Gauke, has hope that this will help to end blame and has stressed the new law will be introduced as soon as possible,“when parliamentary time allows".
For help or advice please contact a member of our family team