Is 'No fault Divorce' the future?

May 17, 2018

This week Resolution are launching their no fault divorce campaign calling for divorce law reform.

 

As things stand, no fault divorce doesn’t exist in England and Wales. In order to divorce you currently need to demonstrate that the marriage has broken down in one of the following ways:

 

  • That your spouse has committed adultery and you find it intolerable to live together

  • Unreasonable behaviour (that your spouse has behaved in such a way that you can’t be expected to live together)

  • That your spouse has deserted you for at least two years

  • That you have been living apart for two years and your spouse also wants a divorce

  • That you have lived apart for five years or more.

 

In reality, this means that unless couples have lived separate lives for a significant amount of time, one of the parties in the marriage must be at fault if the couple wishes for a divorce to be granted.

 

No fault divorce is a divorce in which it is not required to show that either party is at fault thus enabling couples to divorce without having to apportion blame on each other.

 

Currently 9 in 10 family law professionals say that the current fault-based system makes it harder to reduce conflict and confrontation between clients and their ex partners. Supporters believe that introducing no fault divorce will reduce the stress and pain that couples go through and could make it easier for couples to settle their divorces out of court rather than inflaming the situation by making couples dredge up all the bad feeling they went through at the time of separation.  

 

People who oppose no fault divorce argue that by making the divorce process even more simple it will encourage couples to marry without thinking carefully about what marriage actually entails or could encourage couples to divorce as soon as difficulties arise instead of trying to work through those problems.

 

For now we will have to wait and see what the outcome of this debate will be. Join the conversation on social media, using the hashtag #NoFaultDivorce or #ABetterWay

 

***

 

Andrew Nelson, our family specialist, is a member of Resolution, an organisation which promotes a non-confrontational approach to family problems. 

 

For advice, call 01492 588200 or e-mail andrew@nelsonmyatt.com.

 

 

.

 

Please reload

Featured Posts

Coming to Rhos

April 25, 2019

1/10
Please reload

Recent Posts

April 25, 2019

Please reload

Follow Us
  • Facebook Basic Square
  • Twitter Basic Square

Site map

*Welsh speaker applies to Katie Baker

Resolution membership applies to Andrew Nelson

 

© 2014-2019 Nelsonmyatt - website created and maintained by Stephen Myatt

Nelson Myatt Solicitors LLP is a limited liability partnership registered in England and Wales with the registered number OC387685. 

A list of members names is available for inspection at our registered office at Suite 6, Conwy Business Centre, Llandudno Junction.

We use the word partner to refer to a member of Nelson Myatt Solicitors LLP, or an employee or consultant who is a lawyer or equivalent standing and qualification.

Nelson Myatt Solicitors LLP is authorised and regulated by the Solicitors Regulation Authority number 605461