No fault divorce – At last!

As the law stands, if you want a ‘no fault’ divorce, the only grounds are separation:

  • for 2 years with the other person’s consent; or
  • for 5 years without consent.

What if separation doesn’t apply?

If separation doesn’t apply (or separation involving desertion), you’re forced (by the way the law is written) to say the other person is at FAULT – due to their behaviour or adultery.

The reasons why marriages break down are complex. Sometimes people have drifted apart or have irreconcilable differences.

But without a substantial separation, you can’t get divorced if the other person won’t consent or if there’s no ‘fault’ recognised by the Court.

The other party can defend the divorce and sometimes prevent it.

You might think that you have no say in the matter regardless of your wishes.

You might think that having to lay blame is stressful and won’t help you reach agreement about your children and finances.

What’s changing?

The good news is that this system will change next Spring.

FROM 6TH APRIL 2022

  • you will NOT have to lay BLAME to get a divorce;
  • you will NOT have to separate for a minimum period of time;
  • you will NOT have to EXPLAIN why the marriage has broken down other than it’s broken down irretrievably;
  • the other person will NOT be required to give CONSENT
  • the other person will NOT be allowed to defend the divorce.

And most importantly of all…..

DIVORCE CAN BE A MUTUAL DECISION WITH A JOINT APPLICATION

As members of Resolution, all of our family solicitors aim to resolve any family dispute in a constructive, cost effective way. To find out more please check our family pages, or see our people to get in touch.