Lucy Adams, Executive Associate Solicitor in our family team, welcomes the news that the Government is preparing a consultation on “no fault divorce”. No fault divorces are not yet available in law but with the right solicitor and right attitude, you can create your own.
Under current legislation, unless you have been separated for 2 or 5 years, divorce has to be on the grounds of either adultery, or unreasonable behaviour. These facts can often antagonise divorce proceedings and can increase hostility between parties.
In response to the reports, the Government intends to consult on plans to legislate for a “no fault” divorce. This has the potential to be a land mark moment for divorce law in England and Wales. This consultation is a welcome step towards bringing our divorce laws into the 21st century, which will hopefully make the process of divorce more amicable and less acrimonious. As members of Resolution, our family team support this approach.
All too often when a couple start to contemplate divorce, they start to blame each another.
Divorce should not have to be about blame. If parties are able to come to an amicable agreement this can save time, money and emotional strain.
What many people don’t realise is that the examples of unreasonable behaviour stated on the divorce petition do not have to be inflammatory, nor do they necessarily have to be very ‘serious’. Unreasonable behaviour is based upon a subjective test and can include examples of one party dedicating too much time to their career, or the parties having no common interests.
The divorce itself is only one part of the separation process. Often agreeing a financial settlement and arrangements for the children can cause the most difficulty.
If parties are able to start the process amicably, they are far more likely to reach a mutual agreement over these issues.
Our experienced family lawyers, are members of Resolution, and are committed to advising on the merits of taking a conciliatory approach. You can contact our team on 01642 636500. We are happy to help.