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There already is "no-fault divorce" in England & Wales - the problem is that couples seeking this have to be separated for a minimum of 2 years before issuing proceedings without blame - and of course both parties need to agree. Otherwise, as Mrs Owens is finding out, it's a long wait of 5 years.

It would make much more sense to lower the separation periods to mirror those in Scotland - 12 months with consent, and 2 years where no consent is required. Scotland did retain adultery and unreasonable behaviour, but these carry a heavy burden of proof, and most pursuers (those initiating the divorce proceedings) are discouraged by solicitors from going down this road. I would also be in favour of couples having to have legally resolved all financial and child issues prior to being able to issue divorce proceedings. In Scotland this is done with a Separation Agreement (sometimes called a Minute of Agreement). This allows divorcing couples to focus on resolving the important issues first, and also making good use of that mandatory waiting period.

The now defunct No Fault Divorce Bill called for a waiting period of a whole 12 months before the Nisi can be made Absolute, I fail to see how that would have actually made the process "better" for couples.

Change is long over due, and there are important lessons to be learned from the overhaul in Scotland that saw the Family Law (Scotland) Act 2006.

The focus should really be on shortening the separation periods rather than yet another layer of bureaucracy.

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