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Ministers to give green light to 'no-fault divorces' in radical overhaul

2 min read

Couples will be able to divorce more quickly under of a major overaul of the law, the Government has announced.


Justice Secretary David Gauke is set to begin a consultation on so-called “no-fault” divorces in an attempt to bring an end to "unnecessary antagonism" between couples.

Currently, the law in England and Wales means anyone wanting a divorce must prove their partner is at fault through adultery, desertion or unreasonable behaviour, or wait two years if they agree or five years if they do not.

It is thought the new law would mean acrimonious divorces could be pushed through without meeting these thresholds.

The major reform was first revealed yesterday by Buzzfeed News.

Divorce reform campaigner Pip Wilson told Sky News the move was “extremely positive”.

She said: "We've been campaigning for this for a long time and it's very true that the laws are completely outdated and very much in need of modernisation.

"All other western democracies have removed the fault-based divorce a long time ago, including Scotland.

"This rationale that the state needs to understand your reasons for divorce and you have to prove why you want to get a divorce - it just doesn't make any sense."

The need for reform was recently brought into public view after Tini Owens lost her fight to divorce her husband in July after 40 years of marriage.

She had described her marriage to husband Hugh as "loveless" and "broken down", saying he had behaved unreasonably.

But Mr Owens, 80, had denied this and refused to agree to a divorce.

The Supreme Court ruled against Mrs Owens, 68, forcing her to remain in the marriage.

The judges in the case had said that parliament should look at whether the law governing entitlement to divorce was still "satisfactory".

The Ministry of Justice declined to comment.

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