At the moment to obtain a Divorce, the Petitioner (person issuing the divorce) has to prove that there has been an irretrievable breakdown of the marriage evidenced upon the ‘fact’ of adultery, behaviour, 2 years separation with consent, 2 years desertion or 5 years separation with no consent. This has meant that anyone wanting to divorce their spouse sooner than 2 years has had to ‘blame’ the other party for the breakdown of the marriage.
There have been calls for a number of years from many sources, including Resolution, to end the stigma of blaming each other (adultery / behaviour) to enable a Divorce to be obtained now rather than later instead of waiting the required 2 years. Therefore, the news that the Government is willing to end the ‘blame game’ is welcomed by our family law practitioners with open arms.
This introduction of a “no fault” system is huge. It represents the biggest change in divorce law in 50 years.
Irretrievable breakdown of a marriage will be remain as the sole ground for divorce. However, the requirement to provide evidence of a ‘fact’ in support of this will be replaced with a requirement to provide a more simple statement of irretrievable breakdown thus removing the concept of blame.
Further, we understand that the government is proposing to remove the ability of one spouse to ‘contest or defend’ a divorce in court and there are even plans to look at both parties providing notice jointly of their intention to divorce.
This will of course assist the parties to negotiate without the need for blaming each other and hopefully ensure that related children and financial issues following the parties’ separation can be less confrontational and stressful.
Read here what Resolution has had to say about the news: http://www.resolution.org.uk/news-list.asp?page_id=228&page=1&n_id=394
Gillian & Kim are both members of Resolution and will always try to help couples deal with the consequences of relationship breakdown with as little acrimony as possible.
We also offer initial FREE 30 minute appointments, payment plans and where possible ‘pay at the end schemes’.
Contact us today on 01942 206060 to arrange an appointment.