No fault divorce is getting closer

If a couple wish to get divorced, they cannot simply decide that they no longer wish to be married but have to prove to the court that their marriage has irretrievably broken down in one of five ways. These are that adultery has been committed, one person has behaved unreasonable, they have been separated for 2 years and both agree or separated for 5 years if they don’t agree or that one party has deserted the other.

Often none of these are really the case and it has forced people to get involved in a blame game which can deteriorate relations between a couple, at a time when the focus should be on making arrangements for children and financial matters.

Family lawyers and professionals have for years campaigned that this is not helpful and have pushed for a change in the law. Finally, after several false starts, on 8th June 2020 the Divorce, Dissolution and Separation Bill had its second reading in the House of Commons and it is hoped that it will become law within the next few months.

Some concern has been raised that it will encourage people to divorce rather than work at the relationship but groups such as Resolution, the association for Family Lawyers do not believe this to be the case and instead the proposed change will allow couples to focus on achieving a more amicable separation.

If you would like to discuss your own situation or find out more about the options that are available to you, please contact us at [email protected] or [email protected]



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