Unfinished Business for No Fault Divorce

It has been less than two months since divorce day, which falls on the first Monday after 1 January. This year it fell on 2nd January. Divorce Day gets its name from law firms seeing increases in couples wanting to end their relationships after the Christmas period.

An increase in divorces is not just limited to divorce day. In fact, an annual increase in divorce was reported in 2021 by the Office for National Statistics (ONS). They reported a 9.6% increase in divorces granted in England and Wales from 103,592 in 2020 to 113,505 in 2021.

Many couples, especially those getting married in the age range of 65 and over will have likely built-up assets before meeting their partners. In fact, The ONS reported a 46% increase over a decade in opposite-sex couples getting married who were aged 65 and over. This was an increase from 7,468 in 2004 to 10,937 in 2014.

Couples can decide before marriage how assets will be divided if they later divorce in a pre-nuptial agreement. However, these agreements are not legally binding in England and Wales. Pre-nuptial agreements are created when couples are amicable. Therefore, if pre-nuptial agreements were legalised, it could be that less fault and animosity would be present when assets are finally divided on divorce.

Conservative MP, Sir Robert Buckland KC, head of policy and senior counsel at Payne Hicks Beach, has stated ‘unfinished business’ remains for no-fault divorce.

At a discussion on divorce law reform, Sir Robert Buckland KC was joined by his co-host Baroness Shackleton alongside Baroness Deech. Pre-nuptial agreements were discussed and Baroness Shackleton supported introducing reforms to make such agreements legally binding. Baroness Deech also agreed with legalising pre-nuptial agreements because they would save cost, make mediation easier, and significantly free up the courts.

Only time will tell if no-fault divorce can fully be achieved with or without legalising pre-nuptial agreements.

To read more about the discussion on divorce law reform please see below link:

https://www.lawgazette.co.uk/news/buckland-divorce-reform-needs-to-move-faster/5118635.article

The contents of this post do not constitute legal advice and are provided for general information purposes only.