It will be a great relief to many family lawyers if a 'no fault' divorce is introduced. Having to rely on blame to commence divorce proceedings straight away sets an adversarial tone and can start things off on the wrong foot. When there are usually so many other things couples dispute during separation, I'm sure they would welcome not having to argue about who is divorcing who for what! Fingers crossed this will proceed in the right direction.
The No Fault Divorce Bill has not yet been published but Richard Bacon explained in his speech that it would operate by adding a sixth 'fact' by which irretrievable breakdown could be proved, being both parties declaring irretrievable breakdown, and a 1-year cooling off period before decree absolute is made. Under these proposals, no fault divorce would only be available where divorce was agreed on, but should immediate no-fault divorce also be available on a unilateral basis? Resolution’s Manifesto for Family Law, published earlier this year, seeks abolition of all fault-based divorce, and outlined a possible procedure requiring a 6-month consideration period after one or both parties give notice of irretrievable breakdown, after which the divorce could be finalised if one or both parties seek that.