Ending the blame game or undermining the institution of marriage?

The Divorce, Dissolution and Separation Bill has passed its final parliamentary stages. The Bill does away with the need for a spouse’s consent to divorce and allows one party to obtain a divorce by a unilateral declaration that the marriage has broken down irretrievably.

For many, this change is long overdue and will be welcomed. It simplifies the process to achieve a divorce. In many cases, a petitioner has to go to great lengths, spend much time, energy and costs in achieving a divorce where their spouse does not agree or will not engage in the process. This is even the case where the parties have not lived together as a married couple for many months and there is no prospect of reconciliation. This can be disheartening, exhausting and demoralising for a petitioner who wants to escape a bad marriage. It is hoped that this change will bring great improvements for those who find themselves in this predicament.

On the other hand, some argue that it could have disastrous results for those who are a victim of domestic abuse or adultery as they would not be able to cite that as the reason for the divorce. Some also argue that this reform makes ending a marriage all too easy for those who want to commit to working things out. Is it fair to say that by removing the legal requirement to attribute blame for the breakdown of a marriage, it makes ending a lifelong commitment easier and quicker than ending a tenancy? Only time will tell.

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If you would like any advice in relation to separation and divorce, contact Kelly Longmore and our expert Family team on 01604 828282 / 01908 660966 or email family@franklins-sols.co.uk.