No fault divorce, which would quicken up the process for couples to separate, has moved a step closer after it passed its second reading in the Keys.

Daphne Caine’s private member’s bill will make it possible for couples to divorce, with the need to blame one party, within six months. Currently this can take at least two years.

The Divorce, Dissolution and Separation Bill would be the biggest change to the island’s divorce laws in 50 years.

It allows couples to separate once they have confirmed that the marriage has ’irretrievably broken down’.

Mrs Caine (Garff) has spent a year working with advocates who specialise in family court, researching alternative systems to replace the current structure.

Currently couples who agree to separate amicably must wait two years to complete their divorce or five years if one side objects to it being granted.

’It puts on the record forever one parent’s failings. Often, seeing the court papers, seeing the fault in black and white, an indelible legal record, results in more upset, anxiety and conflict; more breakdown and more impact on the couple and any children’ said Mrs Caine.

’This is needless cruelty, unnecessary finger pointing and fault finding.’

In Scotland, where there is the ability to file for no fault divorce, fault-based divorces amount to only 6% of the total.

The ratio is similar in France.

’In the Isle of Man, similar to England, fault-based divorces average around 60%.

’That is three out of every five separating couples that blame their divorce or dissolution on one spouse’s bad behaviour, or adulterous behaviour. It seems medieval to me.’

Under this Bill, after signalling intention to divorce, couples must wait 20 weeks for a ’period of reflection’ when at least one party must then proceed with the divorce for it to be granted.

This could be shortened by a deemster if he/she rules it ’just to do so’.

Such examples could be for a person escaping an abusive marriage or for an estranged partner to achieve a quick divorce to marry someone else if one of them was terminally ill.

In Keys, members questioned the 20-week reflection period in the Bill, with Tim Baker (Ayre and Michael) saying it was ’not a particularly long period’ while Liberal Vannin and Ramsey MHK Lawrie Hooper (pictured left) raised issues over whether the 20-week period is needed.

Having passed its second reading unanimously, the Bill will return to Keys for the clauses stage before heading to the Legislative Council.