Divorce reform: Government scraps need to prove adultery as no-fault break-ups introduced

‘How can the justice secretary say he wants to uphold the institution of marriage when he is tearing it down, allowing people to walk away from solemn promises?’

Campaigners disagree on whether the reforms will be good for children (iStock)

Divorce will be made easier under a shake-up of the law introducing no-fault break-ups, ministers have announced.

The move has divided campaigners on relationships and traditional values, with critics accusing the government of tearing down the institution of marriage and warning the change would make life more chaotic for children.

The need to prove adultery, unreasonable behaviour or desertion – or to live apart for five years – will be scrapped, the government said.

Instead, spouses will be required simply to make a statement that the marriage has broken down, in an attempt to end “blame game” situations.

Under existing 50-year-old divorce laws in England and Wales, to obtain a divorce without a spouse’s agreement, someone has to provide evidence on their partner’s behaviour, or else live apart for five years.

The ability of a husband or wife to contest a divorce, used in fewer than 2 per cent of cases, will be scrapped.

“Irretrievable breakdown” of a marriage as the sole grounds for divorce will be kept, as will the two-stage process of a decree nisi followed by a decree absolute.

The shake-up will introduce a six-month minimum period between a petition being lodged and the divorce becoming final.

The government will also let couples make joint divorce applications.

Justice secretary David Gauke said: “While we will always uphold the institution of marriage, it cannot be right that our outdated law creates or increases conflict between divorcing couples.”

But Andrea Williams, chief executive of Christian Concern, condemned the reform as “very bad policy”.

“‘No fault’ divorce is really ‘no reason’ divorce. How can the justice secretary say in one breath that he wants to uphold the institution of marriage when he is tearing it down, allowing people to walk away from their solemn promises to hold together in life-long commitment?” she said. “Marriage matters for our children, and they need to know it matters. This legislation will make life less stable and more chaotic for them.”

She also warned that a person may have access to their children ended, their assets divided and be ordered out of their home, despite being faithful to their marriage vows.

“Rushing into a divorce could throw away a marriage which would be happy,” she said.

Aidan Jones, chief executive of charity Relate, welcomed the “much-needed” changes that he said would be good for children involved.

“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. While divorce isn’t a decision people tend to take lightly, we do support the extension of the minimum timeframe which will allow more time to reflect, give things another go if appropriate, and access support such as relationship counselling or mediation.”