UK’s ‘No-fault’ divorce bill backed by MPs

A bill introducing “no-fault” divorces in England and Wales has passed its first hurdle in the Commons by 231 votes to 16 against.

In a letter to the Telegraph, MPs including Sir Desmond Swayne, Sir John Hayes and Fiona Bruce urged the government to focus on helping couples reconcile instead of “undermining the commitment of marriage”. They said the bill was badly-timed, arguing that many “otherwise durable” marriages were under “intense Covid-related strain”.

Currently, in order to start divorce proceedings immediately, one spouse has to allege adultery, unreasonable behaviour or desertion has taken place.

Under the proposed law, they will only have to state that the marriage has broken down irretrievably.

The bill – which has already been passed by the House of Lords – also removes the possibility of contesting the decision to divorce.

At the moment, someone wishing to obtain a divorce without the consent of their spouse must live apart from them for five years.

Divorce proceedings will still be challengeable on certain grounds including fraud and coercion. Currently fewer than 2% of divorce cases are contested.

The bill also introduces a new option, allowing couples to jointly apply for a divorce, where the decision to separate is a mutual one. Under the proposals, there must be a minimum six-month period between the lodging of a petition to the divorce being made final.