NO FAULT DIVORCE – WHAT HAPPENS NOW?
You may have seen that there has been extensive talk in the news about bringing a ‘no fault divorce’ into action; this has now been authorised by the UK government. This means that couples will soon be able to get a divorce without putting the blame on each other. Previously, and until the new law comes into play, if a spouse wished to begin divorce proceedings soon after a separation they must prove that their marriage has irretrievably broken down, by relying upon either adultery or unreasonable behaviour particulars. If they did not wish to rely on either of these, they would have to wait 2 years following the separation, but they still could only use this if the other spouse consented.
Justice Secretary David Gauke advised that ‘While we will always uphold the institution of marriage, it cannot be right that our outdated law creates or increases conflict between divorcing couples. So I have listened to calls for reform and firmly believe now is the right time to end this unnecessary blame game for good.’
This new law is expected to help the divorce process become less acrimonious for those who wish to begin divorce proceedings but do not want to place blame on their spouse .We understand that this new law will be brought into action as soon as parliamentary time becomes available. We will keep you updated.
If you are going through a divorce or are considering a separation and require advice, then please contact us for a free initial consultation.
By Emma Newman on 23 Apr 2019, 13:58 PM