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Time for a No Fault divorce?

When it comes to making the difficult decision to separate from your partner most individuals would like the whole process to be as pain free as possible.

However, this is not always possible as in England & Wales blame needs to be attributed to one party following a breakdown of a relationship to satisfy grounds of divorce.

Blame does not surface when parties have been separated for 2 or 5 years but in practice people do not want to wait 2 years before bringing a formal conclusion to their marriage.

In this day and age, when more and more and people are divorcing, almost 50% of all marriages breakdown and result in a divorce, people are able to make savvy decisions to separate where there is no fault.

Inevitably when parties are able to reach an agreement amicably having to blame one or the other would start the proceedings off on a bad footing.

So what are we doing about this? Resolution (a specialist organisation of family lawyers) is petitioning Parliament to introduce a no fault divorce as unfortunately family law in England and Wales has not kept up with the advances of modern life.

A summary of the ‘No Fault’ Bill can be accessed here.

This would allow couples to send a joint divorce petition to the Court which would progress to the Decree Nisi stage very quickly.

However, there would be a 12 month ‘cooling off’ period before the divorce could be finalised by way of a Decree Absolute. Resolution are pushing to reduce this to a 6 month ‘cooling off’ period

It will be a matter of watching this space and seeing if the law in England and Wales can keep up with the advances of modern life and follow our Australian counter-parts who have had a no fault divorce system since 1975.

For further information and assistance in relation to any Family matters, please contact Karim Assaad.

The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.