Divorce Reform: Is this the end of the ‘blame game’ between couples?

Published 14th October 2019

New divorce laws are aiming to achieve a faster process while ending the hostility and blaming between couples.

Currently, in order to go forward with divorce proceedings quickly, one party must allege that their spouse has committed adultery and that it is intolerable to live with their spouse. Alternatively, one party must claim that their spouse has behaved in such a way that it cannot be reasonably be expected to continue to live with them.

Under the existing law, if the divorce is not based on fault, it can lengthen the whole process and potentially lead to a more severe family breakdown.

However, with the introduction of proposed new divorce laws, one party only needs to state that their marriage has broken down irretrievably. Justice Secretary David Gauke welcomes the forthcoming changes and highlights that it would help to end the “blame game”.

Moreover, these new laws are supported by Baroness Hale. Hale has described the current laws as unjust and calls for them to be overhauled promptly.

Nonetheless, changing the law poses many uncertainties: how would Parliament realistically implement this and would reforming the law have the desired effect in practice? Additionally, would the proposed speedier and simpler divorce process be viewed as supporting the breakdown of marriages?

The new laws surrounding divorce, would undoubtedly bring favourable implications for the future: provoking a more amicable split and preventing children from being exposed to the ‘damaging impact of ongoing conflict between their parents both during the divorce and afterwards’, legal correspondent Clive Coleman tells BBC news.

Hence, the future surrounding divorce law looks promising and would certainly put an end to the hostile ‘blame game’ between couples.

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