No Fault Divorce One Step Closer.

The reasons for a separation are invariably complex and various. The idea of trying to detail how and why a relationship has broken down, in a short form which ideally needs to be agreed by your former partner, is palpably ridiculous. And yet unless you are prepared to wait two years and agree to divorce, this is what is required of you. 

An important part of that process is to look to the future and not to get side-tracked by the difficulties you encountered during the relationship. When it comes to financial division and arrangements for the children, then save for in the most exceptional circumstances, behaviour during the marriage is irrelevant. And yet as it stands, it is necessary to provide that detail to obtain the divorce. It is clearly at best peculiar, and at worst destructive.

It is therefore with much anticipation that we are watching the progress of the Divorce, Dissolution and Separation Bill, which would allow people to divorce without blame. The Bill has now passed its first hurdle in the Commons by 231 votes to 16 against. Married couples are now one step closer to a no-blame divorce making separation and the legal process less painful. 

We have much to thank Tini Owens (Owens v Owens) for – in raising awareness she provided the catalyst required for divorce without blame.

The amount of support for no fault divorce shows that the court’s attitude reflects society’s – relationship breakdown is complicated and it should not be necessary for the court to understand exactly why it has happened. What matters is finding solutions that allows the family to move towards a future that works for all of them. 

For help with any questions about divorce, please contact our Family Team

By Published On: June 10th, 2020Categories: Insights

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