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No-Fault Divorce - What's all the fuss about?

View profile for Annie Hodjat
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No-Fault Divorce - Whats all the fuss about?

Sometimes you fall in love and sometimes you fall out of love, it can be as simple as that. However, at present, it is not possible to get a divorce simply because you no longer love each other.

Currently, for couples that jointly decide to divorce they need to either be separated for at least two years, or one of them needs to ‘take the blame’. If both parties do not agree to the divorce, then separation will need to be for a minimum of five years.

For most people this wait is too long and they do not want to remain married for years after separation. Therefore, they initiate proceedings by blaming their spouse to avoid waiting. Fault is apportioned due to the other spouse’s adultery or ‘unreasonable behaviour’.

To allege that one spouse is to blame can put an unnecessary strain on both parties and create a hostile environment. This can result in court battles before even discussing finances and/or childcare, causing unnecessary additional costs. 

The campaign for ‘No-Fault Divorce’ has been running for a number of years. The aim has been to remove the need for couples to allege fault within their divorce petition or avoid the need to wait for years before being able to issue a divorce petition.

In theory this should minimise the hostile environment during the divorce process, allow couples to agree terms in a practical manner and speed up the overall process which will help reduce costs for both parties.

At Dutton Gregory Solicitors our expert Family team has a wealth of experience. If you wish to discuss your potential matter further please contact the Family team at Dutton Gregory on 01202 315005 or contact@duttongregory.co.uk