No fault divorce

Divorce and separation is often a time of conflict and heartache. It puts families under tremendous pressure and there are all sorts of things to sort out - how to manage the finances and how to make sure that the impact on any children is minimised as far as possible.

There are a lot of potential flashpoints for couples even where couples have mutually agreed that their marriage is over. Sadly, present divorce law makes things worse by forcing couples to blame each other unless they can wait two years to get their divorce. Resolution believes that the law urgently needs to change to allow people to break up with dignity without a two year wait.

What is the problem?

At the moment, the only ground for divorce is that the marriage has broken down irretrievably. This can be proved in a number different ways but it is not possible for a couple to get a divorce without blame unless they have been separated for at least two years. For many, waiting two years to sort out their finances rules out this option. This means that they must record details either of their partner’s adultery or their unreasonable behaviour in order to proceed with the divorce, making an already difficult and distressing process even harder. This seems particularly pointless given that the reasons for divorce make no difference to any financial settlement or children arrangement – they are simply to allow the divorce to proceed to the next stage.