Published: 02 February 2016
In March 2016 MPs will debate an amendment to current divorce laws to introduce a ‘no fault based divorce’. This means that divorce would become available to those couples who separate amicably and allows them to issue a divorce petition together to say that their marriage has broken down irretrievably.
Campaigners for this change says that no fault based divorces would have less impact on the children caught up in their parents’ separation. With over 100,000 children involved in divorces each year this change seeks to minimise the disruption to them by allowing their parents a more amicable separation.
The law currently does not recognise that many couples separate quite amicably and find it hard to then have to choose one the of the fault based grounds for divorce of unreasonable behaviour or adultery. Neither party may be happy to do this as often one will have to wrongly admit fault to the court. At the moment even if couples are still amicable and friendly, if they have not lived apart for two years, one of the them will still be blamed for the breakdown of the marriage. No fault based divorces would avoid this unpleasant scenario. It is argued that the law needs to reflect modern day society and accept that some couples do just drift apart.