The family courts of the United Kingdom have been trying for 46 years to adapt to the changing reality a law of divorce that no longer responds to the spirit of the times and sometimes produces extravagant sentences. The Ministry of Justice has announced on Tuesday the reform of the text, to cancel the list of causes required until today to end a marriage. There will be no need to prove infidelity, the abandonment of the home, or the irrational behavior of the spouse to obtain a divorce. The law also imposed a prior separation of two years before the divorce was final, and in the case of not being able to prove any of the reasons indicated, a period without cohabitation was necessary for five years before the end of the process.
“Although we will always defend the institution of marriage, it can not be fair to allow an old law to produce or increase conflict between divorced couples. That hostility between parents always leaves a mark on children and can damage their vital opportunities,” the minister assured. Of Justice, David Gauke. The bill will come into power as soon as it passes the corresponding parliamentary procedures. No obstacles are expected in this way, beyond the hoarding of the time of the deputies that are causing a divorce of the different legal entity but almost equally traumatic, the Brexit.
The lag of the current Divorce Law was exposed in all its harshness last July when the Supreme Court prevented 68-year-old Tini Owens from ending his 40-year marriage. The woman argued that there was no longer any love in the couple and that the relationship was broken. The five judges unanimously ratified lower court rulings that obliged the plaintiff to remain married to 80-year-old Hugh Owens for failing to prove any of the causes provided by law. “Ms. Owens’ appeal must be dismissed; she must remain married to Mr. Owens in the current situation.” A cold verdict that was accompanied by a recognition of the legal anachronism. “
The new law establishes the irremediable rupture of marriage as the sole basis of divorce. That is an objective fact and not a behavior that must be demonstrated. It also contemplates the possibility of requesting the measure from the courts by agreement of the spouses and eliminates the chance that some member of the couple may legally question the other’s reasons.
It also imposes six months as the deadline for the entire process.
“The outdated causal divorce, based on the alleged faults of one or the other spouse, forced the couples who wanted to separate from defending the motives, and often the result was growing animosity between the two, and the possibilities of later developing a positive parental relationship were complicated. much more “, explained Aidan Jones, the executive director of the NGO Relate, one of the most important in the UK in relationship therapy.