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Government proposes changes to divorce law to introduce ‘no-fault’ divorce

Marriage and Family
27 September 2018
White and black wedding box rings 0

The UK Government has proposed reforms to divorce laws in England and Wales that will remove requirements to show cause for a divorce and replace this with a simple notification system.

Speaking at a debate at The Times on Monday on the topic ‘Is it time to reform our divorce laws?’ Parliamentary Under Secretary Lucy Frazer QC MP claimed that “In the Ministry of Justice we do not want, in any way, to reduce the benefits of marriage, or to make it quicker or easier to make the decision to get divorced.”

The Government’s proposals, however, would remove any requirement to show a reason or cause for why a marriage has broken down. They suggest a process that would require notification from one spouse to the court of the ‘irretrievable breakdown’ of the marriage. They are also seeking to clarify the minimum length of the divorce process, proposing a six-month timeframe before the divorce can be finalised.

It is clear that, despite the Government’s claims to not want to make it easier or quicker to decide to get divorced, their proposals would move us towards a system where it is as easy to end a marriage as a phone contract. The solemnity and endurance of marriage as an institution in British society will be greatly watered down.

These proposals raise questions about what support the Government is providing to help married couples avoid getting to the point of ‘irretrievable breakdown’. The societal and family benefits of marriage have been well documented, yet little action has been taken to support marriage in this session of Parliament. Despite CARE’s annual reports on the issue, which highlight how the current tax system penalises families and show that the public would support raising the marriage tax allowance, there has been little movement from MPs to implement this change so far.

The current system holds a high view of marriage and asks that serious and compelling reasons must be given as to why you are choosing to end what was hoped to be a lifelong union. CARE holds that marriage and family life is the bedrock of society and that forgiveness, grace and redemption, central to a Christian moral ethic, should be reflected in our thinking around marriage and divorce.

You can read more on our work on marriage and family here.

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