Divorce Law Reform
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Following the case of Owens v Owens, which has made headlines on more than one occasion in recent months, the Government are proposing making changes to Laws surrounding divorces, to minimise the stress and anxiety it causes the parties involved.
MG Legal Lancaster Solicitors have summarised the main points of the report, to help you understand what it entails.
The Government has opened a consultation on the matter, which is available for anyone to answer, here (https://consult.justice.gov.uk/digital-communications/reform-of-the-legal-requirements-for-divorce/), which will remain open until 10 December 2018.
The questions are around subjects such as Replacement of the five facts with notice of irretrievable marital breakdown (see MG Legal Lancaster Solicitor’s blog explaining the five facts for more information) and Removal of the opportunity to contest a divorce.
The Consultation explains the proposals of the new legislation as follows:-
It will remove the requirement to allege ‘fault’ in the divorce (i.e. the Petitioner does not need to make allegations against the Respondent in order to get divorced), rather the Petitioner will need to instead notify the Court of the irretrievable breakdown of the marriage.
It will remove the ability of the Respondent spouse to defend the petition (which the consultation refers to as contesting), reasoning that if one spouse has concluded that the relationship has ended then the legal process should accept and respect that decision.
The purpose of the consultation is to seek different opinions of how changes can be made to the law, to help reduce any conflicts between families and to strengthen family responsibility. The full consultation can be read here.
For advice on how you can get a divorce, contact Lancaster Solicitors today. Our Lancaster Solicitors have first-hand experience in dealing with separate couples, and can provide you with the advice and guidance you need to move on with your life. For the best advice, contact our Lancaster solicitors on 01524 581 306 to set up your free initial consultation about your separation.
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