Divorce laws in England and Wales are to be overhauled so couples can split faster and, it is hoped, with less acrimony. 

Wayne Phillips, Head of our Family Law Department states:  “This is a positive move towards finalising proceedings in a less confrontational manner”.  Wayne is a member of Resolution, First for Family Law and is committed to resolving family disputes in a non-confrontational way.

Under the current rules, one spouse has to allege adultery or unreasonable behaviour by the other for divorce proceedings to start straight away.  A lot of parties do not want to wait two years / five years before commencing divorce proceedings and, with the new ruling, it will allow parties to proceed with a divorce at the earliest juncture. 

In future, the Petitioner within the divorce proceedings will only have to state that the marriage has broken down irretrievably.

It will also stop one partner refusing a divorce if the other one wants one. 

Currently, “fault-based” divorces, where there are allegations of adultery or unreasonable behaviour can take as little as three to six months, but “no fault” divorces can take much longer with couples having to provide they have been living apart for at least two years in the jurisdiction of England and Wales.