Ending the Divorce Blame Game: No Fault Divorce

By Carlin Peton

Ending the Divorce Blame Game: No Fault Divorce

The Government’s latest reforms to family law have focused on ending the blame game in divorce; or in other words, ending the no fault divorce.

Previously, couples were obliged to list the reason for the marriage breaking down such as adultery, unreasonable behaviour or desertion. Under the previous system, couples needed to prove they have been separated for 2 years, or 5 years if one partner did not agree to the divorce.

The new reforms to family law mean that couples will be able to divorce without affecting the children involved and preventing unnecessary family conflict from being built in to the process. This ‘no fault divorce’ is particularly progressive as high levels of conflict are known to cause emotional, social and academic problems as children grow up.

What are the Changes?

Divorcing couples will now need to provide a statement of irretrievable breakdown to the court. They are no longer required to provide evidence of a ‘fact’ around behaviour or separation.

This marks a significant change to how the legal system handles divorce and a significant reform to family law.

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