The Justice Secretary, David Gauke, has today confirmed there is to be a consultation on the way in which couples divorce in this country.
At present the only reason for divorce is irretrievable breakdown of the marriage proved by one of five reasons:
- Unreasonable behaviour
- 2 year separation and both agree
-5 year separation
The suggested change will be to take these “blaming” criteria away and replace it with a notification system with set time periods. There is also to be consideration of financial provisions and the enforceability of nuptial agreements.
Any changes that reduce the stress, costs and distress divorce can cause, is greatly welcomed.
If you have any queries about divorce options, please do not hesitate to get in touch.
The Ministry of Justice will seek to end the right of spouses to contest a divorce, and also consult on how long the parties need to wait before becoming entitled to one, suggesting a minimum of six months. Essentially, the government is proposing a notification system where, after a defined period, if one spouse still maintains the marriage has broken down irretrievably, they become entitled to a divorce. There will be some who fear such a system will undermine marriage, but many believe it could remove a layer of stress and anxiety from one of life's most traumatic experiences.