New Delhi: In a landmark reform in the divorce law, unhappy married couples in England and Wales can end their marriage without blaming each other. The bill, which was passed in June 2020, became a law on Wednesday.
The "no-fault" divorce is cosidered the biggest reform of divorce law in nearly 50 years that eliminates the need for separating couples to assign blame for the breakdown of their marriage. The law instead allows couples to focus on key decisions regarding children or their finances and future.
What’s the concept of no-fault divorce?
It means that one spouse no longer needs to prove the other guilty of adultery, "unreasonable behaviour" or desertion, according to AFP report. In absence of such grounds, the couple is forced to live apart for two years before a divorce is granted, or five years if one partner objected to the proceedings.
Which other countries have a similar law?
With this change in the divorce law, England and Wales will join Scotland, which has its own legal system, including the United States, Australia and Germany.
What triggered the campaign for no-fault divorce?
The case of Tini Owens triggered a campaign for the change after she lost a Supreme Court fight in 2018 and couldn’t convince the judges that her 40-year marriage should end.
In her case, husband contested the claims of her unreasonable behaviour, and in the verdict the judges said, being trapped in an unhappy marriage was not in itself a ground for divorce.
"No-one should have to remain in a loveless marriage or endure a long, drawn-out and expensive court battle to end it," Owens said. "This change in the law guards against that happening and I welcome it," she said while responding to the change in reform.
What does it mean for unhappy spouses?
Earlier, one spouse was forced to frame charges about the other’s conduct, such as ‘unreasonable behaviour’ or adultery, or go through separation for years before a divorce could be granted. This was regardless of whether a couple had made a mutual decision to separate.
The changes mean that a spouse, or a couple jointly, can now apply for divorce by stating their marriage has broken down irretrievably, according to release on the UK government website. It removes unnecessary finger-pointing and acrimony at a time where emotions are already running high, and spares children from witnessing their parents mudslinging, mentions the release.
Importantly, it stops one partner from vindictively contesting a divorce and locking their spouse into an unhappy marriage. In some cases, domestic abusers can use their ability to challenge the process to further harm their victims or to trap them in the relationship. The reforms will put an end to this behaviour.
What do experts fear?
On the other hand experts fear that it may lead to a rush of divorces by couples who were waiting for the legal reform. They also predict it could also ironically increase rates of marriage, by promising an easier way out if the relationship sours.
A survey commissioned by the law firm Slater and Gordon hinted at an unintended consequence, 32 percent of cohabiting respondents were more likely to get married now that the divorce process was simpler.