No-Fault Divorce – An Update
The need for a no fault divorce has recently hit the headlines. With the failed attempt by Mrs Tina Owens to divorce her husband, and more recently the Ministry of Justice has started a public consultation on options for changing the divorce law (which was last changed over 40 years ago!).
The proposed changes to the divorce process include:
• Rather than having to state 1 of 5 ‘facts’ in support of divorce, only a more straightforward statement of the ‘irretrievable breakdown’ of the marriage will be required
• Abolishing the existing right to delay divorce by contesting it
• Increase the time period between the grant of Decree Nisi and the right to apply for Decree Absolute, from 6 weeks to perhaps 6 months, to provide longer for financial matters and child arrangements to be resolved
However, such changes to the divorce law could help couples avoid the need to rely on ‘fault’ in order to get divorced, and as a result, reduce some of the stress and acrimony associated with divorce. The change in the law will not change how financial and children issues are resolved.
Therefore, couples will still need to carefully consider and resolve the practical effect of the breakdown of their marriage, on their home lives and children. How best to do this is not set out in law, because there are several different options. These include:
• ‘Arbitration
• ‘Collaborative Practice’
• ‘Do It Yourself’
• ‘Going to Court’
• ‘Lawyer Negotiation’
• ‘Mediation’
Detailed information about each option is available via the website for Resolution.
Harold G Walker’s family lawyers are members of Resolution and follow a Code of Practice that promotes a constructive approach to family issues. Considering the needs of the whole family, in particular, the best interests of children.
To discuss your options on divorce and related financial and child matters, a FREE 30-minute consultation is available.
For further information please contact the Family Law Team.