… In divorce proceedings at least.

Currently, the current law requires spouses to evidence at least one of five facts to support the basis that their marriage has irretrievably broken down. The facts available are that the marriage has ended based on adultery, behaviour, desertion, two years separation (with consent) or five years separation. With the facts of adultery, behaviour and desertion the Petitioner (the spouse starting the proceedings) must set out the nitty gritty details of why and how the marriage ended. This can add fuel to an already very acrimonious situation.

This is not a new problem, and one that lawyers have been battling against for many years. As members of Resolution, we at Susan Clark Solicitor advise our clients that financial matters should be resolved in an amicable way. However, we also have to advise our clients to set out, in as much detail as possible, the harm and distress they have suffered at the hands of their spouse during the marriage in the divorce petition if it is based on unreasonable behaviour.

Justice secretary David Gauke said: “Hostility and conflict between parents leave their mark on children and damage their life chances. While we will always uphold the institution of marriage, it cannot be right that our outdated law creates or increases conflict between divorcing couples.”

The government has confirmed that it will introduce legislation to end the “unnecessary blame game” and also remove the ability of one spouse to contest the divorce. They have also confirmed that there will be a mandatory six month delay between the Decree Nisi and Decree Absolute to allow for couples to make sure it is really what they want.

Although this is a very welcomed change in the divorce process, the legislation will be introduced “as soon as parliamentary time allows”, which could be some time.