No-fault divorce law will be 'long overdue', says Shropshire expert

A change to allow couples to separate without having to blame each other has moved a step closer to becoming law after MPs debated the Divorce, Dissolution and Separation Bill during its second reading in Parliament on Monday. It could now come into effect in a matter of months.

The key change is that people will be able to seek a no-blame divorce by only having to state that the marriage has irretrievably broken down, rather than having to establish this by relying on one of five facts - including unreasonable behaviour, adultery or two years separation with consent.

Sue Hodgson, head of family law at Lanyon Bowdler Solicitors in Shropshire, said: “Removing the legal necessity for couples to prove one of the five grounds for divorce has been long called-for by the legal profession, as well being the subject of a long-running campaign by Resolution,” she said.

“Under the current law, couples who want to divorce but have not reached two years since separation have been forced to blame the other for either adultery or specific unreasonable behaviour.

“Clearly, this unfortunately can end up in unpleasant and stressful cases involving protracted legal arguments.

“Myself and other family lawyers are generally in favour of the change because it will keep matters less acrimonious and allow us to focus on achieving the best outcomes for our clients.

“It’s important to be clear that even when the new laws are brought in, there will still be a very formal process to go through which will require specialist legal advice.

“However, the move away from couples having to blame each other for the divorce is a positive step and will allow more couples to go on to deal with their financial or children matters in an amicable way.”