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LS Legal News Bulletin

“No-Fault” Divorces in England and Wales

"No-Fault" Divorces in England and Wales

Monday 18th February 2019

Couples will no longer have to allocate blame or mutually agree to end their marriages.
The justice secretary, David Gauke, confirmed he will bring in legislation enacting the reform in the next session of parliament, removing the need for separating couples to wait for years or allocate blame for the collapse of their relationship.
Under the Matrimonial Causes Act 1973 in England and Wales, anyone seeking a divorce must either prove their partner is at fault through adultery, desertion or unreasonable behaviour, or, if both sides agree, they can part after two years of separation. In the absence of consent or evidence of fault, applicants must wait until they have been living apart for five years.
Labour also supported changing the law, which has remained unaltered for nearly 50 years.
No-fault divorce was first introduced by the Family Law Act 1996, but its provisions were later deemed unworkable and it was repealed. It has been widely supported by prominent members of the judiciary, lawyers and relationship charities.

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