“no - fault divorce”

Currently, there are five grounds for divorce in the English legal system, including three which are fault based such as adultery, unreasonable behaviour and desertion. The other two grounds are regarding periods of separation which require either two years of separation with consent or five years separation without consent.

The introduction of a no- fault divorce would arguably simplify the divorce process for several people where the want for a divorce is mutual, instead of unnecessarily prolonging the process. Reasons for opposing the no-fault divorce include those who believe that if it is perceived to be easier to get a divorce the divorce rate could increase which therefore undermines the institute of marriage and will have a negative impact of family breakdown. However, others would argue that if a family breakdown is inevitable
that it could cause more harm in the long run by dragging out the process.

This has been suggested several times over the years but has not developed. For example, Part 2 of the Family Law Act 1996 attempted to introduce a no-fault divorce by suggesting a mediation style process where reconciliation would be encouraged where possible. However, in 2001 the government ruled these suggestions were “unworkable” and so the provisions in part 2 of the act were repealed. Further to this, in 2015, Richard Bacon, a conservative MP, introduced a Bill which attempted to allow a no-fault divorce, however this was unsuccessful.

Consequently, the future of a no-fault divorce process appears uncertain. A way the current system could be made more flexible is by the introduction of a new system, similar to that in Scotland where the separation period was reduced to one year with consent and two years without consent. This could ensure efficiency in the divorce system and prevent those where neither party is at fault from unnecessarily dragging out getting a divorce.