One of the raft of Bills the Government has introduced this parliamentary session is new legislation “to give greater rights and protections” for renters[1]. Better known as ‘no-fault evictions’, Section 21 notices allow a landlord to ask a tenant to leave a property for any reason with two months’ notice[2]. Under the Government’s Renters’ Rights Bill, no-fault evictions are set to be scrapped.
I’m not going to get into the Section 21 debate. I mention it only to point out a glaring irony between the Government’s proposal and the current legal position on divorce. That while the Government is committed to providing “greater security, rights and protections” for renters, the rights of spouses continue to be undermined through the devastating reality of unilateral divorce on demand.
The Government says new legislation on renting is needed to protect the “more than 11 million people in England [who] live day in, day out with the knowledge that they could be uprooted from their home with little notice and minimal justification[3].” But what about the millions of married couples in England today who live with this knowledge, only on a much more profound level, thanks to no-fault divorce?
In June 2020, Westminster voted to introduce no-fault divorce in England and Wales. Prior to this, one of five ‘facts’ had to be established before a divorce petition was granted. Either a person had to prove their marriage had irretrievably broken down through adultery, unreasonable behaviour or desertion; or they had to show evidence of separation: two years with their spouse’s consent or five years without. But all these were removed when the law changed.
Since no-fault divorce came into effect in 2022, couples have been able to divorce in just six months without having to give a reason. And a wronged spouse can do absolutely nothing to contest it. This means your marriage can be ended, your access to your children restricted, and you could be court-ordered to leave your home with minimal notice, all despite being faithful to your husband or wife.
For those who have been grievously wronged through adultery, abuse and abandonment, the injustice is even greater. Removing fault means they can no longer have the wrong behaviour of their spouse recognised in the legal proceedings.
The fast-tracked divorce process also makes reconciliation much less likely. The 20-week “reflection period” allows no meaningful time for reconsideration or for couples to resolve their difficulties.
Under the Government’s Renters’ Rights Bill, it will be easier for a landlord to divorce his wife than to evict a tenant. I got married in May of this year and have rented for most of my adult life. It’s extraordinary to me that my contract with my landlord should be more legally binding than the one with the man I’ve promised to spend the rest of my life with. What kind of message does this send at a time of plummeting marriage rates? It certainly doesn’t incentivise marriage. Not when it’s so easily ended. Nor does it reflect the solemnity of the vows made, or the fact that marriage is the most significant commitment we can make to another person.
A few years on from the law change, and I’m sure you won’t be surprised to know that the number of divorce applications has soared[4]. Northern Ireland too is edging closer to following in England and Wales’ footsteps. In May this year, MLAs backed a motion calling for the current divorce law to be liberalised to allow for no-fault applications[5].
Regardless of what the law says, the evidence remains overwhelmingly in favour of the institution. Marriage provides stability for children and is beneficial to the spouses themselves. It is a societal good that should be promoted and protected, not undermined by our legal system. No-fault divorce trivialises marriage as a lifelong union and makes it all too easy to walk away when things feel difficult.
Divorce should be a last resort, not the norm for couples experiencing an unhappy period. The Government should be encouraging couples to stay together, not easing the way to separation. To do this, it must first reclaim ‘marriage for life’ as the gold standard relationship for societal stability and happiness.
Footnotes
[1] The King’s Speech 2024, 17 July 2024, page 68, see https://assets.publishing.service.gov.uk/media/6697f5c10808eaf43b50d18e/The_King_s_Speech_2024_background_briefing_notes.pdf as at 27 September 2024
[2] ‘Evicting tenants in England’, GOV.UK, see https://www.gov.uk/evicting-tenants/section-21-and-section-8-notices as at 27 September 2024
[3]The King’s Speech 2024, 17 July 2024, page 68, see https://assets.publishing.service.gov.uk/media/6697f5c10808eaf43b50d18e/The_King_s_Speech_2024_background_briefing_notes.pdfas at 27 September 2024
[4] The Times online, 29 September 2022, see https://www.thetimes.com/article/c1526ffc-4014-11ed-a7af-c587dcb7526e as at 27 September 2024
[5]Irish Legal News, 22 May 2024, see https://www.irishlegal.com/articles/northern-ireland-moves-towards-no-fault-divorces as at 27 September 2024
