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Ministers unveil major divorce law overhaul in bid to end 'unnecessary blame game'

2 min read

Couples will no longer have to prove their partner was at fault before ending their marriage, under a new shake-up of Britain's "outdated" divorce laws unveiled by ministers.


Justice Secretary David Gauke said the scrapping of key tests that must be met to trigger a contested divorce would end an "unnecessary blame game" and prevent "damage" to children whose parents are going through a break-up.

Under current laws, those going through a divorce without their spouse's agreement must either provide evidence of adultery, unreasonable behaviour or desertion on behalf of their partner, or prove that they have been separated for at least two years.

But the new proposals will scrap the right of a partner to contest a break-up - and leave the "irretrievable breakdown" of a marriage as the only grounds for a divorce.

Mr 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"While we will always uphold the institution of marriage, it cannot be right that our outdated law creates or increases conflict between divorcing couples.

"So I have listened to calls for reform and firmly believe now is the right time to end this unnecessary blame game for good."

The move was hailed as "good news for divorcing couples" by relationship support charity Relate.

Chief executive Aidan Jones said: "The outdated fault-based divorce system led parting couples to apportion blame, often resulting in increased animosity and making it harder for ex-partners to develop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."

The shake-up follows a three-month government consultation, with the Ministry of Just saying the new legislation would be introduced "as soon as Parliamentary time allows".

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