英イングランドとウェールズ、配偶者に落ち度なくても円滑離婚可能に

【ＡＦＰ＝時事】英国のイングランドとウェールズで６日、半世紀ぶりに大改正された新離婚法が施行され、配偶者に落ち度がなくても円滑に離婚できるようになった。（写真は英ロンドンの高等法院）
　従来は配偶者の不貞または理不尽な行為、配偶者による遺棄などの事由がない場合、離婚が認められるには２～５年間の別居期間が必要だった。
　ただし、新離婚法でも離婚手続きを開始してから離婚請求の裁判を起こすまで少なくとも２０週待たねばならず、離婚が認められるにはさらに６週間かかる。
　法改正を待ち望んでいた夫婦の離婚ラッシュが起きる一方、離婚しやすくなることで皮肉にも婚姻件数も増加すると予想されている。
　同様の制度は、既にスコットランドや米、豪、独で導入されている。【翻訳編集ＡＦＰＢＢＮｅｗｓ】
〔ＡＦＰ＝時事〕（2022/04/07-10:00）

No more faked evidence or years-long waits -- from Wednesday, unhappy spouses in England and Wales can end their marriages without blaming each other, in the biggest reform of divorce law for half a century.
The onset of no-fault divorces means one spouse no longer needs to prove the other guilty of adultery, unreasonable behaviour or desertion.
If such grounds did not exist, the couple had to live apart for two years before a divorce could be granted -- or five years if one partner objected to the proceedings.
The change brings England and Wales into line with Scotland, which has its own legal system, and with other countries including the United States, Australia and Germany.
While experts expect a rush of divorces by couples who were waiting for the legal reform, they predict it could also ironically increase rates of marriage, by promising an easier way out if the relationship sours.
The case of Tini Owens galvanised a campaign for the change after she lost a Supreme Court fight in 2018, having failed to persuade the judges that her 40-year marriage should end.
Her husband had contested her claims of unreasonable behaviour, and the judges ruled that being trapped in an unhappy marriage was not in itself grounds for divorce.
No-one should have to remain in a loveless marriage or endure a long, drawn-out and expensive court battle to end it, Owens said.
This change in the law guards against that happening and I welcome it, she added.
The reform does not herald US-style quickie divorces -- there is a minimum wait of 20 weeks between a spouse first initiating proceedings and then applying for a legal order.
They must then wait another six weeks before the divorce can be granted.
But it does overhaul the current system, in place for decades, under which some spouses would resort to private detectives to find evidence of fault, or the couple would agree simply to concoct the evidence.
Vicky admitted that she and her first husband had to make up scenarios and situations that we felt were going to be accepted by the court after they had agreed to an amicable divorce.
Her second marriage was to a very manipulative and violent man who refused to engage with divorce proceedings, forcing her to wait for five years of separation.
And I could have been out of that relationship a lot quicker and a lot sooner than I was, Vicky, giving only her first name, told BBC radio.
Some lawyers welcomed the end of an adversarial divorce culture, while stressing that legal advice remained essential for resolving financial and child custody issues.
A survey commissioned by the law firm Slater and Gordon pointed to an unintended consequence -- 32 percent of cohabiting respondents said they were more likely to get married now that the divorce process was simpler.