In what has been described as the biggest reform of divorce laws for 50 years, so-called ‘no-fault’ divorce laws came into force on April 6 in England and Wales, following years of campaigning for change by family lawyers.

It brings the law in England and Wales broadly into line with similar legislation in Scotland, and many other countries including Sweden, Australia, Germany, Canada, Spain and Malta.

The Isle of Man is set to implement similar legislation later this year and, for many local advocates specialising in family law, the idea of divorce becoming less combative can’t come soon enough.

Daphne Caine MHK’s Private Member’s Bill, aimed at modernising divorce laws on the island, was approved and received Royal Assent in October 2020 but has yet to come into force.

Mrs Caine said: ‘I hope it won’t be much longer before the new system of no-fault divorces can be implemented on the Isle of Man. It will be of benefit to our community – for all the reasons I set out in bringing the legislation before the House of Keys.

‘I receive several queries every month asking when it will be available. I can only respond that I am aware a significant amount of preparatory work is being undertaken to enable no-fault divorces to be available here, including revising about 30 forms. The General Registry last responded to my queries in mid-March 2022 to say they were “confident implementation this year is achievable”.’

Mrs Caine adds that she brought the legislation forward after being invited to attend the Family Court Users Group as Children’s Champion and discovering the support for modernisation of our divorce laws amongst those who deal daily with the current system.

Claire Clampton, an advocate specialising in family law at local law practice BridsonHalsall, says the reforms in England and Wales add to the weight of evidence which shows Isle of Man divorce laws are ‘old fashioned, outdated and not straightforward’.

She went on: ‘Dealing with a divorce is often difficult, and it can feel overwhelming and stressful for all parties involved including children.

‘The current system in the Isle of Man does nothing to preserve a relationship between two parties or parents, so news about legal reforms in England and Wales will hopefully add momentum to the campaign for reforms here on the island too.’

Currently, the grounds for divorce in the Isle of Man are still based on adultery, unreasonable behaviour and separation or desertion.

If you are not citing adultery or unreasonable behaviour you have to remain married to your spouse for a minimum of a further two years. In some circumstances, says Claire, this can prolong the disputes and agony of ending a difficult relationship.

Claire’s colleague, Amy Crellin, also a family law specialist, said: ‘The Courts in England and Wales were fully aware of the difficulties faced by divorcing couples, however it wasn’t until the well reported case of Owens v Owens in 2018 when the issue gained public attention.

‘In this instance the Court refused the wife’s application for divorce based on the husband’s unreasonable behaviour as the grounds she detailed within her application were not sufficiently strong.

‘This case brought issues that were well known to family practitioners to the front of the public and politician’s minds. Following the introduction of the new legislation in England and Wales, it’s now possible to apply to divorce without having to blame the other spouse.

‘As UK Justice Secretary Robert Buckland noted when the Act was passed in 2020, the new laws are designed to stop divorcing couples having to make unnecessary allegations against one another, and instead help them focus on separating amicably.’

Claire Clampton added: ‘Hopefully these long awaited changes will swiftly come into force, as supported by public opinion.

‘For the time being, however, we are required to proceed with divorces based on the grounds mentioned earlier.’

In England and Wales lawyers have been expecting a surge in applications from separating couples following the introduction of no-fault divorce. In the medium to long term, the reform should reduce the burden on courts as divorce becomes simpler and, hopefully, less confrontational.

However, the new laws will not affect one of the most contentious aspects of divorce: the financial settlement process, which is separate.