End of the road for fault based divorce?

End of the road for fault based divorce?

End of the road for fault based divorce?

The current fault based system in England & Wales has been much criticised. The issues this creates have been well publicised by the recent case of Mr & Mrs Owens. Mrs Owens' divorce petition, based upon Mr Owens behaviour, was rejected by the lower court and in July this year the Supreme Court also rejected her appeal. She will now have to wait until February 2020 to file a petition based upon five years' separation, having issued her first petition in May 2015.

Resolution have been lobbying for no fault divorce for many years.  Our own Caroline Gordon-Smith was part of the delegation that went to Parliament to lobby MPs for support to change the current outmoded legislation.

In welcome news the Justice Secretary, David Gauke, has now announced plans to consult on the introduction of no fault divorce to pave the way for divorce law reform. It is hoped that England & Wales are moving a step closer to a no fault system as is already in practice in Ireland, Australia, the US and Spain.

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