From 6 April, couples who wish to divorce will no longer have to “play the blame game” and will be able to use “no fault divorce”.
Currently, divorcing couples have to have been separated for a period of at least 2 years, or base the divorce on one party’s adultery or unreasonable behaviour i.e the divorce is one party’s fault. Often, the reasons for a marriage breakdown are more complicated than that, and basing the divorce on one party’s fault unnecessarily causes further acrimony and increased legal fees. The adultery or behaviour of one party rarely has an effect on the outcome of the financial settlement. In short, there has rarely been anything to gain by one party alleging that the divorce is the other party’s fault.
A no fault divorce can be initiated by one party, or the couple can make a joint application if they wish. It will also no longer be possible for one party to contest the divorce, and attempt to convince the court that a divorce should not be granted (except on discrete issues, such as that the marriage was not valid in the first place).
The arrival of no fault divorce will hopefully make it easier for couples who have decided to divorce, allowing them to focus on important issues such as the children, reducing conflict and putting an end to the “blame game”.
For more information and to find out how we can help you, please contact us on 0345 646 0406 or fill in our online enquiry form and a member of our Team will be in touch.