Is 'No fault Divorce' the future?

This week Resolution are launching their no fault divorce campaign calling for divorce law reform.

As things stand, no fault divorce doesn’t exist in England and Wales. In order to divorce you currently need to demonstrate that the marriage has broken down in one of the following ways:

  • That your spouse has committed adultery and you find it intolerable to live together

  • Unreasonable behaviour (that your spouse has behaved in such a way that you can’t be expected to live together)

  • That your spouse has deserted you for at least two years

  • That you have been living apart for two years and your spouse also wants a divorce

  • That you have lived apart for five years or more.

In reality, this means that unless couples have lived separate lives for a significant amount of time, one of the parties in the marriage must be at fault if the couple wishes for a divorce to be granted.

No fault divorce is a divorce in which it is not required to show that either party is at fault thus enabling couples to divorce without having to apportion blame on each other.