The news that England’s most senior female judge has this week said that she believes that blame should be taken out of divorce, has been welcomed by many divorce lawyers. As collaborative lawyers, at Nockolds we aim to encourage our clients to avoid confrontation when separating and divorcing.
The current figures show that around 120,000 get divorced each year in England and Wales.
There is only one reason that a divorce can be granted in England & Wales and that is if the marriage has irretrievably broken down. In order to prove this to the court, couples must rely on one of five facts – adultery, unreasonable behaviour, desertion, two years’ separation with consent or five years’ separation. The current law means that those wanting a quick divorce will have to rely on either adultery or unreasonable behaviour. Baroness Hale’s view is that by taking blame out of the divorce process this would alleviate bitterness and allow the whole divorcing process to be more amicable and run smoother.
Baroness Hale is also calling for a years’ ‘cooling off period’ before a divorce is granted whereby both parties can sort out arrangements for children, home and finances before the divorce is finalised.
We at Nockolds agree that the divorce laws of England and Wales are overdue a re-vamp, and understand that everyone will have a different view on divorce. In our view, the overriding interest must be any children, and that the couple can move on with as little bitterness, upset and expense as is necessary. A no-fault divorce could be a way of making this easier.
If you have any questions relating to the divorce process, please contact a member of the Family Team on 01279 755777.