Prestigious newspaper and family law experts call to modernise the laws of divorce in England and Wales.
The calls to modernise the laws of divorce, as well as the laws of marriage, are becoming louder. The Times newspaper supported by senior members of the judiciary and Resolution (the Solicitors Family Law Association) are arguing that it should no longer be necessary to attribute blame in order to get divorced.
Presently, in order to prove “irretrievable breakdown of marriage” (which is the only ground for divorce in England and Wales) most couples have to rely on behaviour or adultery if they do not want to wait until they have been separated for 2 years (where consent is needed) or 5 years.
The government has previously used the justification of wanting to focus on the increased pressure upon the justice system caused by the volume of family law cases going through the courts, as a reason for not reforming the law relating to marriage.
Forcing couples to adopt an antagonistic position right at the outset of divorce hardly seems compatible with this aim. Behaviour Petitions in particular attribute blame in an artificial way which usually bears no resemblance to the history of the marriage, and can cause resentment and bitterness. This makes it much harder to resolve questions about arrangements for children or how money is to be divided.
A government spokesman indicated that they will undergo a period of consideration in response to these calls.
The rights and responsibilities of marriage are public as well as private. The same applies to divorce, with every corner of society having a view or interest. Reforming these areas is a political hot potato, that the current government is unlikely to pick up.
In the meantime it will fall to practitioners to operate within the current system but try and introduce some humanity into the process wherever possible.