Gumersalls News

Gumersalls News

MPs Accept Flaw In ‘Fault-Based’ Divorce System

by | Jun 1, 2018 | News

When you’re working on separating from a spouse with divorce solicitors in Surrey, it can be a tough enough time seeing a relationship come to an end, let alone if there are children involved. However, you may also find that current divorce proceedings can cause issues with your ex-partner, especially in regards to assigning fault for the breakdown of the relationship.

However, MPs have now given their strongest indication yet that they are at look at divorce law reform, with Justice Secretary David Gaulke, describing the need to change laws which create “more antagonism than we really need” between parties as “strong”, according to The Times.

“I don’t think the best way of helping the institution of marriage is by putting bureaucratic hurdles in the way of a divorce,” he added.

Trials of no-fault divorce reform were introduced way back in 1996, however, the scheme was scrapped in 2001, after it was found by ministers to be ‘unworkable and flawed’.

However, the debate has been put back on the table regarding the case of Tina Owens – a case, which is currently under consideration by the Supreme Court, in which Mrs Owens was refused a divorce because her husband’s actions were not held as unreasonable, leaving Mrs Owen’s in her own words, ‘trapped in a loveless marriage’.

Critics say that current laws look to get couples to engage in conflict, so that they can get the divorce they want by apportioning blame. Divorce can only be granted on a no-fault basis at present after two years separated, if in agreement, or after five years separated, if only one party agrees.