The Need for Change in the Divorce law

The divorce law in this country is still archaic and has not moved with the modern times and is in need of change. The Government has recently announced that it intends to make changes to the divorce law, which will ensure that the divorce process will no longer be fault based. Whilst it remains to be seen what exactly these changes will be, the Government must ensure that it does not make the divorce process so easy that married couples can obtain a divorce easily, without careful consideration. There will have to be a balance.

The Statistics

In recent years, the divorce rate has increased and statistics show that 20 years ago, 33 % of marriages ended in divorce whereas today about 40-50% of marriages end in divorce.

Divorce Law

At present there is only one ground for divorce, which is the irretrievable breakdown of the marriage and it has to fall into 1 of the 5 categories below.

1. Adultery
2. Unreasonable behaviour
3. 2 years separation with Consent
4. 2 years Desertion
5. 5 years separation

The most recent case of Owen v Owen (2018) which has been in the media limelight has caused an uproar. The Wife who had been trapped in a loveless marriage for years was not granted a divorce because the Husband did not agree to the divorce despite the fact that they are living separately and the wife is with another partner.

Article: Women trapped in loveless marriage after judge refuses divorce (Guardian)

Whilst the rate of divorce is increasing, there are more couples cohabiting, (a term used when couples live together) but they are not protected by the family law as they are not married. The Government is considering bringing in new law to protect this new family set-up where couples are not finding the need to get married and moving away from the institution of marriage. The trend certainly is that more couples are choosing to reside together as cohabitees in a family unit and have children.