Following the recent case of Owens v Owens, the lack of compassion shown to people such as Tini Owens has been thrust into the spotlight and has resulted in mounting pressure on the government to free those who are locked in loveless marriages.

Hetal Hathiwala, Paralegal, based at Jackson Lees Birkenhead office, comments: -

On 15th September, the Justice Secretary David Gauke announced a consultation process to introduce no fault divorce as quickly as possible. This is a significant step forward which will bring the law more in line with modern society by giving spouses the freedom to walk away from relationships they no longer want to be trapped in.

Under the current archaic law, individuals are required to place blame on each other for the breakdown of their marriage on the grounds of adultery, unreasonable behaviour or desertion. It is also possible to divorce following 2 years separation, although one must obtain the consent of their spouse. If the divorce is contested and a spouse cannot prove the ‘fault’ of the other, the individual will have no other choice but to wait for 5 years before a divorce may be granted. It is clear that this process can cause unnecessary antagonism and anxiety at an already difficult time for families. The stress and conflict that can arise from divorce proceedings can have a destructive impact, especially where children are involved.

Mr Gauke has discussed a number of potential reforms, such as a plan to introduce a new notification process where one, or both parties, can notify the court of their wish to divorce. This will then strip the right of the other party to contest the divorce application made by their spouse. The government consultation will last for 12 weeks and will also consider public opinions on matters such as the minimum timeframe for the process between decree nisi (the first decree of divorce) and decree absolute (the final decree of divorce), which is currently set at six weeks and one day.

The most notable proposal is the suggestion that the need to live apart for so long or provide evidence of a spouse’s misconduct be removed. This should alleviate pressures placed on individuals to pick at and exaggerate their spouse’s flaws whilst also acting as the light at the end of the tunnel for those who should not reasonably be expected to stay married.

Family law experts are hopeful that giving couples the opportunity to end their marriage in a more amicable manner will mitigate negative effects on families and reduce the suffering of any children caught in the crossfire. This in turn will promote healthy relationships between separated parents and could potentially help reduce the need for court intervention in children matters.

If you are thinking about separating, or have already separated and are not sure where you stand, our divorce law team at Jackson Lees are more than happy to help.

If you would like to talk to one of our specialist family law advisors, request a call back or send us a message today.