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Divorce laws in England and Wales are set to be overhauled under government plans seeking to allow couples to split up more quickly and with less acrimony.

Justice Secretary David Gauke, who has said the system creates "unnecessary antagonism", is to begin a consultation on introducing "no-fault" divorces.

Campaigners said it could be a "landmark moment" for divorce law.

In July, a woman's appeal for divorce was rejected by the Supreme Court due to her husband's refusal to split.

Tini Owens, 68, from Worcestershire, wanted to divorce her husband of 40 years on the grounds she is unhappy.

Her husband Hugh has refused the split and the Supreme Court unanimously rejected the appeal, meaning she must remain married until 2020.

Image copyright PA Image caption Tini Owens was refused a divorce by the family court and Court of Appeal

Under the current law in England and Wales, unless people can prove their marriage has broken down due to adultery, unreasonable behaviour or desertion, the only way to obtain a divorce without a spouse's consent is to live apart for five years.

The government's proposals - first reported by Buzzfeed - could see the concept of fault, or blame, removed from the process. Spouses could lose the right to contest a divorce, as part of the reform.

Analysis

By Clive Coleman, BBC legal correspondent

Pressure has been building for decades for a system of no-fault divorce. The Law Commission recommended it in 1990 and many senior judges favour it.

The reason? Many believe that when divorcing couples are being torn apart emotionally and financially, and trying to make living arrangements for their children, assigning blame to one party can only exacerbate an already stressful process.

No-fault divorce would have been introduced in a 1996 Act of Parliament requiring spouses to attend "information meetings" to encourage reconciliation, but following pilot schemes, the government decided it was unworkable.

The Ministry of Justice will seek to end the right of spouses to contest a divorce, and also consult on how long the parties need to wait before becoming entitled to one, suggesting a minimum of six months.

Essentially, the government is proposing a notification system where, after a defined period, if one spouse still maintains the marriage has broken down irretrievably, they become entitled to a divorce.

There will be some who fear such a system will undermine marriage, but many believe it could remove a layer of stress and anxiety from one of life's most traumatic experiences.

Speaking in the House of Lords, Baroness Vere of Norbiton said the call for reform after recent judgements had been noted and the lord chancellor was "sympathetic" to the argument for reform.

"We are looking at ways to reduce conflict in a divorce, whether that can be no-fault, whether that can be under financial provisions, whether that can be for enforceable nuptial agreements," she added.

Nigel Shepherd, chairman of the national family lawyer's organisation Resolution, said that couples had been forced "into needless acrimony and conflict" under the current system, "to satisfy an outdated legal requirement".

"Today's news has the potential to be a landmark moment for divorce law in England and Wales," he said.

"The government appears to have heeded our calls to make our divorce system fit for the modern age, and we will continue to push for this much-needed, overdue reform to be implemented as soon as possible."

However, shadow justice secretary Richard Burgon said: "Instead of yet another consultation, the Conservatives should get on with changing our divorce laws so that they are fit for the 21st century."

Labour was "fully committed" to introducing no-fault divorce proceedings, he added.

'Real arguments'

Jenny from Kent got divorced five years ago. Her husband divorced her on the grounds of unreasonable behaviour because it was quicker than waiting for a no-fault divorce.

"I would have been quite happy to wait for the two years so that we could have had a no-fault divorce," she told Radio 5 live.

"The people that got caught in the middle of this were my two children because they went from seeing their parents talking and being quite amenable to each other to having real arguments and being quite nasty to each other - purely because of the process."

Law Society president Christina Blacklaws said it was time to bring divorce law "into the 21st century".

In Scotland, a simplified divorce procedure is available (to couples without children of the marriage under 16) where people can prove their marriage is broken down with one year's separation - with consent of both partners - or two years separation without consent.

In Northern Ireland, the grounds for divorce are the same as the current requirements for England and Wales.

Grounds for divorce in England and Wales:

When you apply for a divorce you must prove your marriage has broken down and give one of the following five reasons:

Adultery

Unreasonable behaviour

Desertion

You have lived apart for more than two years and both agree to the divorce

You have lived apart for at least five years, even if your husband or wife disagrees

Source: Gov.UK</s>Divorce laws in England and the UK are set for a major shake-up, with proposals for no-fault separations under consideration.

British Justice Secretary David Gauke is expected to launch a consultation on plans for reform after previously saying he wanted a “less antagonistic” system.

Under the current law in England and Wales, unless people can prove there was adultery, unreasonable behaviour or desertion, the only way to obtain a divorce without their spouse’s agreement is to live apart for five years.

The Ministry of Justice refused to confirm or deny reports about the details of the consultation, but Mr Gauke has said there was a “strong” case for reform.

Tini Owens’ failure to win a legal battle to divorce husband Hugh has intensified calls for reform (PA Wire/PA)

In May he told The Times: “The more I look at it the more I am concerned that the current system does create a degree of unnecessary antagonism in an already difficult and sensitive set of circumstances.”

On Thursday ministers confirmed the law was being examined.

Government spokeswoman Baroness Vere of Norbiton told peers: “We are looking at ways to reduce conflict in a divorce, whether that can be no-fault, whether that can be under financial provisions, whether that can be for enforceable nuptial agreements.”

Shadow justice secretary Richard Burgon said: “Labour is fully committed to introducing no-fault divorce proceedings.

“Instead of yet another consultation, the Conservatives should get on with changing our divorce laws so that they are fit for the 21st century.”

Fiona Snowdon, family law expert at Simpson Millar, said: “We are absolutely delighted to hear that the Government is set to announce a consultation on no-fault divorce.

“UK divorce law has not been updated in almost 50 years, and as such is archaic, outdated and incompatible with the 21st century.

“Divorce can be a painful, drawn out experience. A no-fault divorce would inject some much needed autonomy and practicality into the process.”

She added: “This announcement suggests that we are finally moving in the right direction, and we could not be more pleased.”

Pressure for reform has intensified after Tini Owens lost a legal battle to divorce her husband.

She had told the Supreme Court that her 40-year marriage to Hugh Owens was “loveless” and “broken down” and she said she wanted a divorce.

She said he had behaved unreasonably and said she should not reasonably be expected to stay married.

But Mr Owens had refused to agree to a divorce, justices heard, and denied Mrs Owens’s allegations about his behaviour.

The Supreme Court ruled against her in July, but Lord Wilson said justices had come to the ruling “with reluctance”.

He said the “question for Parliament” was whether the law governing “entitlement to divorce” remained “satisfactory”.</s>The days of being forced to play the blame game to get a divorce could soon be over.

Justice Secretary David Gauke is to launch a consultation on plans for a major shake-up of divorce laws, with a move towards a "less antagonistic" system.

Currently, the law in England and Wales means anyone wanting a divorce must prove their partner is at fault through adultery, desertion or unreasonable behaviour, if their partner does not agree.

The only other way is for a couple to live apart for five years.

Details of the consultation have not been confirmed but Mr Gauke previously told The Times that the current laws "create a degree of antagonism in an already difficult and sensitive set of circumstances".

On Thursday, ministers confirmed that the law was being looked at.

Pip Wilson, an entrepreneur who created divorce app Amicable, told Sky News that the move towards change was "extremely positive".

She added: "We've been campaigning for this for a long time and it's very true that the laws are completely outdated and very much in need of modernisation.

"All other western democracies have removed the fault-based divorce a long time ago, including Scotland.

"This rationale that the state needs to understand your reasons for divorce and you have to prove why you want to get a divorce - it just doesn't make any sense."

Ms Wilson said that couples do not opt for divorce lightly, adding: "They reach it after a period of time of trying, often years of making their marriage work.

"Once they've reached that point of going: 'no, i'm sorry it can't, we have no choice apart from divorce', it doesn't help the situation to have to prove to an external third party who is at fault. It just makes the situation worse and often introduces a lot more antagonism."

The need for reform was brought into the public eye after Tini Owens lost her fight to divorce her husband in July after 40 years of marriage.

She had described her marriage to husband Hugh as "loveless" and "broken down", saying he had behaved unreasonably.

But Mr Owens, 80, had denied this and refused to agree to a divorce.

The Supreme Court ruled against Mrs Owens, 68, forcing her to remain in the marriage.

The judges in the case had said that parliament should look at whether the law governing entitlement to divorce was still "satisfactory".

Fiona Snowdon, family law expert at Simpson Millar, said: "Divorce can be a painful, drawn out experience.

"A no-fault divorce would inject some much needed autonomy and practicality into the process."

She added: "This announcement suggests that we are finally moving in the right direction, and we could not be more pleased."</s>A consultation on introducing “no-fault divorces”, which could streamline the slow and confrontational procedures couples face when separating, is being prepared by the government.

The justice secretary, David Gauke, who has previously acknowledged that the argument for reform is “strong”, is expected to launch a public debate on proposals to modernise legislation that has not been changed for almost 50 years.

Under the Matrimonial Causes Act 1973 in England and Wales, anyone seeking a divorce can prove their partner is at fault through adultery, desertion or unreasonable behaviour.

Alternatively, if both sides agree, they can part after two years of separation. In the absence of consent or evidence of fault, however, applicants must wait until they have been living apart for five years.

Demands for change have mounted after the Tini Owens case. The supreme court ruled in July that the 68-year-old could not divorce her husband and escape her loveless marriage until a period of five years had elapsed. She and her husband, Hugh Owens, had been living separate lives since 2015.

The Ministry of Justice would not comment on the development but it is understood that a consultation will be published in the coming months.

This year, Gauke told the Times he was “increasingly persuaded … that what we have at the moment creates more antagonism than we really need”. He added: “I don’t think the best way of helping the institution of marriage is by putting bureaucratic hurdles in the way of a divorce.”

Richard Burgon, the shadow justice secretary, said on Friday: “Labour is fully committed to introducing no-fault divorce proceedings. Instead of yet another consultation, the Conservatives should get on with changing our divorce laws so that they are fit for the 21st century.”

There has been growing pressure from campaign groups and divorce lawyers who have been pressing for the system to be modernised. They argue that the current adversarial system forces couples to blame one another if they wish to speed up divorce.

Responding to reports that the government intended to launch a consultation, Nigel Shepherd, a former chair of the family law organisation Resolution, said: “Today’s news has the potential to be a landmark moment for divorce law in England and Wales. For far too long, couples have been forced into needless acrimony and conflict in order to satisfy an outdated legal requirement.

“Apportioning blame can lead to long-term damage to relationships between children and their parents, and can undermine attempts to resolve matters outside of an already overstretched court system.

“Since 1996, there have been 1.7 million people who have assigned blame in the divorce process. Many didn’t have to, and every day that goes by sees that number grow.

“The government appears to have heeded our calls to make our divorce system fit for the modern age, and we will continue to push for this much-needed, overdue reform to be implemented as soon as possible.”

Christina Blacklaws, the president of the Law Society, said: “Making couples attribute fault in order to end their marriage can escalate the differences between them in an already charged situation. We welcome news the Ministry of Justice is to consult on proposals to update the divorce law.

“It’s time to bring this law into the 21st century to reflect the society we live in and we look forward to working with government to ensure the reforms are fit for purpose.”

Fiona Snowdon, a family law expert at Simpson Millar, said: “We are absolutely delighted to hear that the government is set to announce a consultation on no-fault divorce. UK divorce law has not been updated in almost 50 years, and as such is archaic, outdated and incompatible with the 21st century.

“Divorce can be a painful, drawn out experience. A no-fault divorce would inject some much needed autonomy and practicality into the process. Most recently, Tini Owens found herself trapped in a ‘loveless marriage’ until 2020 thanks to the unnecessary antagonism of grounds for divorce in the UK.”

Claire Blakemore, a solicitor with the law firm Withers LLP, said: “This consultation signals a hugely welcome change to our divorce law. Our clients are often totally unable to understand why they must apportion blame and make their separation more acrimonious. Bringing divorce law up to date to meet the needs of modern families is essential.”</s>The Government is about to embark on a consultation to shake-up the country's divorce laws, Buzzfeed News reports.

In the first major changes to divorce laws in half a century, couples in England and Wales would be able to seek a no-fault divorce.

Plans being drawn up by the Government would also remove the right of either spouse to contest the breakdown of the marriage.

Under current laws, couples in England and Wales who want to divorce must be able to demonstrate that there has been one of the following: adultery, unreasonable behavior, desertion, they have lived apart for more than two years and both consent to the divorce; or have lived apart for at least five years, even if one spouse disagrees with the separation.

Justice Secretary David Gauke, who is set to launch a consultation on the proposals, said the current system created 'unnecessary antagonism' for couples.

Buzzfeed News reports that the consultation will also consider the length of time it takes for a divorce to be processed, with a timeframe of at least six months on the table.

The consultation comes on the heels of a controversial Supreme Court ruling this summer against a woman from Worcestershire who wanted to divorce her husband of 40 years against his will.

Tini Owens, 68, wanted to divorce her husband on the grounds that she was unhappy in the marriage, but the Supreme Court ruled that she must remain married to her husband, Hugh, until 2020.

The Christian Institute is among those cautioning against any changes to the law to make divorce easier. It instead argues that the law should support reconciliation.

'Given the devastating effects of divorce on adults, children and society, even those who do not hold to a Christian view of divorce should be opposed to measures which make divorce even easier,' it said.

'The statistics clearly show that every time the law on divorce has been liberalised, the number of divorces has increased.'</s>Couples will be allowed no-fault divorces in the first major change to UK marriage laws for 50 years.

David Gauke, the Justice Secretary, wants to abolish the current system of fault-based divorce and will announce a consultation on the matter as the first stage in the process of passing legislation.

Under a simplified system, spouses would lose the ability to block a divorce as there would be no need for their husband or wife to prove adultery, unreasonable behaviour or desertion in a contested divorce.

It comes weeks after the Supreme Court ordered a wife to stay in her “loveless” marriage after her husband of 40 years denied that he had behaved unreasonably.

The Ministry of Justice will propose...</s>Couples will be allowed no-fault divorces and spouses will lose the right to contest the breakdown of a marriage under proposals for an historic overhaul of the law being drawn up by the government.

BuzzFeed News has learned that justice secretary David Gauke is set to announce a consultation on no-fault divorce in which he will call for the existing fault-based system of establishing marriage breakdown to be abolished.

Under current law, a spouse who wants to file for divorce must either provide evidence that their partner has committed adultery, unreasonable behaviour or desertion, or otherwise wait two years if both parties consent to the divorce, or five years without both spouses’ consent.

BuzzFeed News can reveal the government’s proposals, which are still being finalised, would keep the sole legal ground for divorce of irretrievable breakdown, but remove the requirement of a spouse to provide one of these five reasons.

The Ministry of Justice will also seek to end the opportunity for a spouse to contest a divorce and consult on the length of the divorce process, proposing a minimum time-frame of six months.

It would be first significant change to UK divorce law in nearly 50 years. The proposed reforms would also apply to civil partnerships.</s>From the impact on adult children to financial insecurity for the couple, the 'gray divorce revolution' leaves far too many casualties in its wake.

My husband and I recently celebrated our 40th wedding anniversary by spending a week at a lovely lake resort with our children, their spouses, and our grandchildren. While most people consider this a significant achievement, it is even more notable since I am a child of divorce. Researchers estimate that daughters of divorce have a 60 percent higher chance of their marriages ending in divorce, while sons of divorce have a 35 percent greater risk.

Yet we seem to have beaten the odds. I write “we seem to” not because I doubt we will remain married “until death do us part,” but because I am acutely aware of the dramatic increase in divorce rates among seniors.

We live a time where divorce is both common and socially acceptable. And while general divorce rates are declining, for those age 50 and above divorce rates have doubled since 1990. For those age 65 and above the rates have tripled.

This phenomenon has been dubbed the “gray divorce revolution”. Sadly, our family is not immune from this trend. While we are celebrating our 40th anniversary, other members of our extended family are in the midst of a painful divorce after more than 32 years of marriage.

This causes me to ask what makes one couple stumble on until they find renewed joy in each other, while other couples call it quits or surrender to what may seem preordained in our divorce-riven society?

Research provides some insights. Couples who are remarried are 2.5 times more likely to divorce than couples in a first marriage. Also, marriages of shorter duration are more likely to end in a “gray divorce” than longer marriages. But today, even among couples in long-lasting remarriages, there is a significantly higher risk of gray divorce.

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While some researchers have suggested divorce is more common when couples are going through various life transitions such as the first years of “empty nest” or retirement from a fulfilling job, none of these events robustly correlate with gray divorce. Instead, and similar to younger people, gray divorce arises when the couple is dissatisfied with the quality of their marriage — typically measured by how a couple spends their free time together and their level of enjoyment during that time.

Interestingly, research also reveals some truth in the old saying “if momma ain’t happy, ain’t nobody happy” as husbands, more than wives, are influenced by their perception of their wives’ marital contentment in assessing their own marital happiness.

While gray divorce may seem to be a matter solely of personal concern, these private decisions have serious public policy consequences. There is no doubt that the adult children of these divorcing couples are shaken when their parents’ (or those serving as surrogate parents) divorce. Observing our own family, the question “could it happen to us” lurks in our memories of happier times with the divorcing couple. This concern finds support in recent studies finding that divorce of a friend or close relative dramatically increases the chances that you too will divorce.

More broadly, divorce is always accompanied by economic change. This is particularly difficult for low-income couples who rely upon sharing income to get by. According to a 2014 Government Accountability Office report to the Senate Special Committee on Aging, a single person age 65 or older needs 79 percent of the income of a two-person household. After breaking up, divorced individuals may be financially vulnerable. Older divorced women, in particular, are 80 percent more likely than men to be in poverty at age 65 and older.

Gray divorce also contributes to an epidemic of loneliness among our elderly. Divorce at any age means lost connections as friends resist picking between the couple or have difficulty integrating a single into what used to be couples’ activities. A senior’s social network regularly shrinks due to the death or relocation of old friends, making friendships lost through divorce particularly devastating.

Gray divorce is more than a personal loss — it hurts families, friends, and communities. It is time for us to say so in our words and our actions. No one should stay in an unsafe relationship, but abuse is the cause of only a comparatively small proportion of divorces. Far more common are divorces due to discontent — with our self, our spouse, or life in general.

Couples who push on through these times often find they become happy again in their marriage. Sometimes even happier. We need to tell people this.

When a friend tells us they are thinking of divorce one of our responses should be “how can we help you stay together”, not “whatever seems right to you.” Sometimes nothing can be done and in rare cases divorce is the right answer, but these cases should not dictate our public understanding of divorce.

Divorce is and always will be a tragedy to the couple, those who love them, and the larger community. Let’s start admitting that again.

Teresa S. Collett is professor of law at University of St. Thomas School of Law.</s>Couples will be allowed to file for no-fault divorces and spouses will lose the right to contest a marriage breakdown in the first major overhaul of divorce laws in 50 years.

Currently, if spouses do not provide evidence their partner cheated, behaved unreasonably, or deserted them, they must wait two years if both partners agree to the divorce, or five years if one does not consent.

Justice secretary David Gauke will announce the consultation on no-fault divorce and call for the abolishment of the existing fault-based system, reports BuzzFeed.

Government proposals, which are yet to be finalised, would keep the sole legal ground for divorce as irretrievable breakdown but remove the need to specify a reason for the break-up of the marriage.

The government also plans to end the ability for spouses to contest the divorce, and will propose a minimum timeframe of six months.

In July, campaigners called for Britain's divorce laws to be changed after Tini Owens was told she must stay married to her husband of 40 years Hugh Owens until 2020.

He has refused to agree to the split because he says she is just 'bored' and insists they still have a 'few years' to enjoy life together - despite his 68-year-old wife cheating on him and living in a different house.

Top judges backed previous court rulings that Mrs Owens has failed to establish that her marriage had irretrievably broken down, as required by law.

Resolution, a group of family lawyers who campaign on change for divorce law, have said the current system 'creates conflict' and must be changed to remove 'the need to blame from the divorce process'.

Labour's shadow justice secretary, Richard Burgon, told BuzzFeed. 'Instead of yet another consultation, the Conservatives should get on with changing our divorce laws so that they are fit for the 21st century.'</s>Fault-based divorces could be scrapped in a major shake-up of family laws as ministers look to simplify the process.

A consultation is set to be launched on plans for divorce law reform after Justice Secretary David Gauke said he wanted a ‘less antagonistic’ system.

Currently, unless people can prove there was adultery, unreasonable behaviour or desertion, the only way to get a divorce without their spouse’s agreement is to live apart for five years.

In May Mr Gauke told The Times: ‘The more I look at it the more I am concerned that the current system does create a degree of unnecessary antagonism in an already difficult and sensitive set of circumstances.’

Government spokeswoman Baroness Vere of Norbiton told peers: ‘We are looking at ways to reduce conflict in a divorce, whether that can be no-fault, whether that can be under financial provisions, whether that can be for enforceable nuptial agreements.’

Shadow justice secretary Richard Burgon said: ‘Labour is fully committed to introducing no-fault divorce proceedings.

‘Instead of yet another consultation, the Conservatives should get on with changing our divorce laws so that they are fit for the 21st century.’

Fiona Snowdon, family law expert at Simpson Millar, said: ‘UK divorce law has not been updated in almost 50 years, and as such is archaic, outdated and incompatible with the 21st century.

‘Divorce can be a painful, drawn out experience. A no-fault divorce would inject some much needed autonomy and practicality into the process.

‘This announcement suggests that we are finally moving in the right direction, and we could not be more pleased.’

Pressure for reform has intensified after Tini Owens lost a legal battle to divorce her husband.

She had told the Supreme Court that her 40-year marriage to Hugh Owens was ‘loveless’ and ‘broken down’ and she said she wanted a divorce.

She said he had behaved unreasonably and said she should not reasonably be expected to stay married.

But Mr Owens had refused to agree to a divorce, justices heard, and denied Mrs Owens’s allegations about his behaviour.

The Supreme Court ruled against her in July, but Lord Wilson said justices had come to the ruling ‘with reluctance’.

He said the ‘question for Parliament’ was whether the law governing ‘entitlement to divorce’ remained ‘satisfactory’.
The Ministry of Justice of the United Kingdom announces that divorce laws in England and Wales will be altered to allow for "no fault" divorces.