Dafydd Daniel

Ending the divorce ‘blame game’ is a mistake

“Why do people get married?” It’s a question worth asking, not least because the government has announced the biggest change to divorce law in 50 years without attempting to answer it.

Under the present law justifying reasons (adultery or unreasonable behaviour), must be given for a divorce to be finalised, usually within three to six months. Where there is no justification, the couple must live apart for at least five years, unless both spouses agree, in which case the divorce will come through after two years.

The change to the law introduces ‘no-fault’ divorce, which means that no justifying reason is required. All divorce applications will go through in six months, whether both spouses agree or not.

Supporters of the change cross the political spectrum, and advocate for it in the same terms. Current divorce law is ‘outdated’ (according to Nigel Shepherd, former chair of the Resolution think tank), and ‘out of touch with modern life’ (says justice secretary David Gauke). When Baroness Hale, president of the Supreme Court, presided over the case of Tini Owens last year, has called the law ‘unjust’. Mrs Owens must wait five years for her divorce, because her husband would not agree to it, and she could not allege adultery or unreasonable behaviour.

So thanks to the change, divorce law finally becomes, in the words of the shadow justice secretary Richard Burgon, ‘fit for the 21st century’.

But is this really something to celebrate? Or should the uncritical use of expressions like ‘modern’, ‘no-fault’, and ‘unjust’ make us suspicious of the change?

All marriage ceremonies involve the promise that one person will form a union with another. Married couples are not only saying they love another at least as much as they love themselves; they are saying their love creates a union greater than themselves as individuals.

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