For many decades in England and Wales divorce has only been licit in cases of adultery, serious misdemeanour, and desertion. However, in early June, a Bill introducing no-fault divorce (the ostensible ‘quickie’ divorce) was supported in the House of Commons by 231 votes to 16.
The Divorce, Dissolution and Separation Bill’s second reading has now almost certainly passed since the time of writing. The upshot is that, in just a few months, couples will only have to give notice of their intentions to divorce rather than having to prove that their marriage has irretrievably broken down.
Justice Secretary Robert Buckland, who is driving the Bill, said that the law will reduce conflict and make legal processes ‘less painful’.
However, many have argued that proceedings were very poorly timed. Sir Desmond Swayne and Sir John Hayes highlighted the fact that many marriages are already under ‘intense Covid-related strain’ and counselled the government to focus on reconciliation measures rather than ‘undermining the commitment of marriage’.
Christian MP, Fiona Bruce, highlighted that the Bill will not help children. She argued that parental separation creates ‘adverse childhood experience with long-term consequences’, and that ‘the break-up of a low-conflict family can be just as, if not more, harmful to a child than a high-conflict one, [since] children who do not see conflict played out in front of them can be more likely to blame themselves when parents separate.’
Others have highlighted the financial impact on women. The Pensions Policy Institute shows the average divorced woman already has less than a third of the pension wealth of the average divorced man – with the potential for the impact from ‘DIY’ divorces to increase that gap significantly.
