No Fault Divorce plans are unveiled
9 April 2019 by Julia Brewer
Following many years of pressure by family lawyers the Government has announced plans to end the need for fault-based divorce. These changes represent a radical social change to try and limit the blame and bitterness of marital breakdown. Justice Secretary David Gauke said that the changes would help to ‘end the blame game’.
If separated for less than two years, the spouse petitioning for divorce must demonstrate the marriage has irretrievably broken down. This must be for one of the following reasons:-
- Adultery by the other spouse
- Behaviour of the other spouse being unreasonable
- Desertion by the other spouse
What is a No Fault Divorce?
Under new proposals, the spouse will simply have to show that the marriage has irretrievably broken down; without the need to blame.
Stress and tension during divorce proceedings can be increased when blame is required. It will be of enormous benefit to separating couples and their children if this can be removed.
Furthermore, the ability of the spouse receiving the petition to contest the divorce is expected to be removed. Contested divorce proceedings are rare and can be an expensive and time-consuming process. They can also generate further unpleasantness and ill-feeling between the parties.
It is expected that the new legislation will also introduce a six-month minimum period that must elapse between the time that the divorce petition is sent to the court and the divorce being final. This will give separating spouses time to reflect and decide on whether to continue with the divorce before the marriage is finally brought to an end.
Here at Fisher Jones Greenwood LLP, we can help assist you with any legal matters including family cases. If you would like to contact us, please call us on 01206 700113 or email [email protected] to arrange a mutually convenient appointment to discuss your needs.
Read an update on the “no fault” divorce bill 2020 here.