Watson Esam | News | Divorce Law - Quickie Divorce Dilemmas

After family solicitors reported divorce enquiries at a recent high, pressure is growing from family law professionals led by the Solicitors Family Law Association, Resolution, to reform the existing fault based divorce system to enable couples to divorce quickly, but without having to attribute blame.

Under the current law, unless you are prepared to cite adultery, unreasonable behaviour or abandonment (and the latter is difficult and little used), you have to wait for at least 2 years to divorce on the grounds of 2 years’ separation by consent.  Some argue that the wait prevents people entering into marriage too lightly, protects the institution of marriage and prevents quickie divorces.  However, the reality that family lawyers see everyday is that it either forces people who do not want to remain together to stay married, which can cause all kinds of issues.  Not least of which is that whilst spouses remain married they have pension rights on their spouses’ pensions.  Also, having to attribute blame to end the marriage can often lead parties into unnecessary acrimonious and inflamed situations.  The fact is that no-one wants to read about their alleged unreasonable behaviour.  It has been said that the parties suffer unnecessarily as a result and so do all those around them, such as the children.

In fact, it is quite marked that whilst in recent years the law has been changed to try to resolve both financial matters on divorce and children’s matters in a constructive way and with a myriad of different options, most are designed around a mediated approach.  The fault based divorce stems from legislation made in 1973, and is both archaic and out of step with modern thinking.

So why has divorce law not been brought up to date?  The answer is simply one of politics.  It is the inside debates from traditionalists, including religious groups and those seeking reform.  It is far from clear whether reform will be forthcoming from a different government and family lawyers will wait and see how the new government will deal with the pressure for reform.

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