Does no fault divorce exist?
Posted on 18th April 2019
Sometimes, through no fault of your own, relationships just don’t work out. No matter how hard you work to try to fix it, sometimes it’s just not fixable. Maybe you’ve grown apart; maybe you realised that although you love your significant other, you no longer love them in the way you’re supposed to- it’s a cliché, but maybe you really are better off as friends. After all, not all love affairs have a happy ending.
Currently, under the Matrimonial Causes Act 1973 in England and Wales, anyone seeking a divorce must either prove their partner is at fault through adultery, desertion or unreasonable behaviour; or if both sides agree, they can part after two years of separation. In the absence of consent or evidence of fault, applicants must wait until they have been living apart for five years. You can read our Lancaster Family Solicitor's blog about the grounds for divorce, here.
The most commonly used reason to divorce is unreasonable behaviour- this means that the petitioning party cannot be expected to live with the respondent due to their behaviour. As Lancaster Family Solicitors, we have found that this can cause even the most amicable of breaks ups to turn into a nasty 'he said, she said, they said' war. Most likely the parties simply fell out of love and no longer wish to be married. However, to issue divorce proceedings at the moment someone has to essentially take the blame, parties start thinking of faults which often leaves the other party hurt and wanting to fire back and retaliate with a much worse accusation, resulting in a nasty and difficult divorce.
In MG Legal’s, your local Family Law Solicitors opinion, the government are finally in talks to allow divorcing parties to issue divorce on a no-fault basis. Simply put, no one is to blame; the parties merely fell out of love and therefore no longer wish to be married; they tried and it didn’t work. This would allow a more streamline divorce process, allowing parties to ends things amicably, to issue and move on, and thereby cut out the majority of the pain and stress and, if children are involved, any lasting effect on them. It would also hopefully help end the taboo on divorce. The legal right for a husband or wife to contest a divorce will also be dropped.
Although this isn’t expected to take place for a few years, MG Legal are very excited at the prospect of this, after all a break up is painful enough as it is without the fault finding that currently comes with a divorce.
In the meantime, for all you divorce enquiries why not give MG Legal’s Family Department a call on 01524 581306. Home Visits and manageable fixed-fees are available.
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Tagged as: Divorce, Family Law Lancaster, Garstang Solicitors, Lancaster, Local Family Solicitors, Longridge, Solicitors in Garstang, Your Local Solicitors
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