Divorce Law Overhaul – review to commence

Justice Secretary David Gauke has announced the commencement of a consultation reviewing the current divorce laws in England and Wales.

Under existing law, unless people can prove their marriage has broken down due to adultery, unreasonable behaviour or desertion, the only way to obtain a divorce without a spouse’s consent is to live apart for five years.

The review is set to consider the concept of a ‘no blame’ divorce and also may remove the ability for one partner to contest the divorce proceedings.

Mulberry Investigations analysis – whilst future changes may remove the requirement for partners to prove adultery when proceedings are contested, ‘no blame’ and non contested divorces may lead to an increase in divorce rates with one party still wanting to know how their partner has been behaving before commencing proceedings. Peace of mind and clear insight will always be an instrumental element to anyone’s decision making process before instructing a lawyer.