The Divorce, Dissolution and Separation Bill is representing the biggest shake-up of divorce laws as divorcing couples will no longer have to blame one another for the breakdown of their marriage, and this will no doubt reduce family conflict.
Currently, the petitioning spouse must show that the marriage has irretrievably broken down based on one of the 5 facts, even if there has been a mutual decision to separate:
Adultery;
Unreasonable behaviour;
Desertion;
Parties have lived apart for 2 years and both parties consent to the proceedings;
Parties have lived apart for 5 years (the consent of the other party is not required).
The closest to a “no blame” divorce would therefore be that the parties have lived apart for 2 years and they both consent to the proceedings. What if the parties do not wish to wait 2 years? Maybe they do not have the funds available to physically live apart?
The government is therefore proposing that merely showing that the marriage has irretrievably broken down will be the sole ground for divorce.
No doubt separating parties can focus on the needs of their children and how to divide their assets to allow them both to move on with their lives, rather than worrying about upsetting each other and proving a fault-based fact against them.
The information provided in this article is not intended to constitute legal advice and you should take full and comprehensive legal advice on your individual circumstances by a fully qualified Solicitor before you embark on any course of action.
Emma Aslett
Penn Chambers Solicitors
0207 183 4595
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