Britain to amend divorce laws to end "blame game"
Published : 09 Apr 2019, 20:16
The biggest shake-up in Britain's divorce laws was announced Tuesday by Justice Secretary David Gauke.
Gauke said a parliament bill will be introduced to update Britain's 50-year-old divorce law after it was shown to exacerbate conflict.
Current divorce laws in Britain demand proof that a marriage has broken down irretrievably and force spouses to produce evidence of "unreasonable behaviour" or years of separation, even in cases where couples have mutually decided to go their separate ways.
Proposals for changes to the divorce law include retaining the irretrievable breakdown of a marriage as the sole ground for divorce. But there would no longer be a requirement to provide evidence of a "fact" around behaviour, such as adultery, desertion or behaviour.
Gauke said: "Hostility and conflict between parents leave their mark on children and can damage their life chances.
"While we will always uphold the institution of marriage, it cannot be right that our outdated law creates or increases conflict between divorcing couples."
Gauke said he has listened to calls for reform and firmly believes now is the right time to end the unnecessary blame game for good.
The move follows a public consultation during which family justice professionals and experts with direct experience of divorce voiced their support for reform.
Government ministers plan a change in the law after responses also revealed that the current system can work against any prospect of couples reconciling, and can be damaging to children by undermining the relationship between parents after divorce.
Aidan Jones, CEO of the relationship support charity Relate, said: "This much-needed change to the law is good news for divorcing couples and particularly for any children involved.
"The outdated fault-based divorce system led parting couples to apportion blame, often resulting in increased animosity and making it harder for ex-partners to develop positive relationships as co-parents."
Jones said evidence shows parental conflict is damaging to children's wellbeing and chances in life, whether the parents are together or separated.
"It's good that the government has listened and taken action on this, demonstrating commitment to reducing parental conflict," he said.
Last year 118,000 people petitioned for divorce in England and Wales, with less than two percent contesting a divorce in the courts.