Our Head of Family Joanna Abrahams gives her view on the proposed divorce law reforms

After the case of Tini Owens who was refused her divorce and so must remain married until 2020 and given the Supreme Court who, whilst sympathetic, found themselves in being unable to overturn this decision to refuse on a matter of law, there are now plans afoot to overhaul the system.

As lawyers we try and keep matters civil but balance that, when drafting unreasonable behaviour petitions, with getting enough content in to persuade a court that our client holds the view that other party has acted unreasonably and that the court can see this.

No fault divorce only exists after a period of separation- these reforms will allow no fault but with a 6 month cooling off period from date of petition to absolute.

Those who clamber for the retention of the existing legislation, based upon the fact that it is “too easy” to divorce, do so from a perspective which must inherently be subjective- no one can understand the dynamics of a marriage better then those in it- surely they therefore are the best persons to make the call as to when to call time?

If you need help regarding divorce or want to find out what the latest changes mean for your situation, you can speak to Joanna on 0330 058 4012 or complete the form below.

Joanna Abrahams
Joanna Abrahams
Head of Family Law